FROM    "HIK    LIUKARV    OV 


X  California, 


DR.    FRANCIS     LIEBER, 
Professor  of  History  and  Law  in  Columbia  College,  New  York. 


THl;   (JU'T   OK 

'   MICHAEL     REESE 

0/  San  Francisco. 
IB  7  3. 


Sxwxtx^  ICijebjCT^ 


f 


AN 


ELEMENTARY  TREATISE 


STEUCTUEE  AND  OPEEATIONS 


NATIONAL  AND  STATE  GOVERNMENTS 


UNITED  STATES. 


DKSIONBD    FOK   THE    USE   OF    SCHOOLS   AND    AOA.DEMIIS    AND    FOB 
aSIflBBAI,    READSRB. 


CHARLES  MASON,  A.  M., 


Bt  Oo-vemment.  [infrjuning  our  Institutions,]  we  understood  the  concentra- 
tion of  the  power  of  the  whole  community  to  protect  the  rights  of  each  and 
all  its  members.  CHANNim*. 


BOSTON: 

DAVID    H.  WILLIAMS. 

1842. 


^t 


Entered,  according  to  Act  of  Congress,  in  the  year  1842,  by 

Charles  Mason, 

in  the  Clerk's  Office  of  the  District  Court  of  the  District  of  Massachusetts. 


BOSTON. 

PBINTSD  Br  S.  AT.  DICKINSON, 

WASHINGTON  STBEST. 


PREFACE. 


The  design  of  this  work  is,  to  exhibit  a  summary  account  of  the 
forms,  and  modes  of  administration,  of  our  National  and  State 
Governments.  Avoiding  all  general  disquisition,  it  aims  to  give 
a  concise,  yet  clear  and  exact  statement  of  the  actual  construction 
of  our  political  and  civil  institutions,  in  all  their  various  branches, 
and  of  the  processes  and  means  by  which  they  are,  in  fact,  con- 
ducted and  sustained.  Its  essential  object  is,  to  furnish  information 
upon  matters  relating  to  government  and  civil  polity,  with  which 
every  person,  considered  as  a  citizen,  living  under  a  free  government, 
ought  to  have,  at  least,  some  general  acquaintance.  It  is  intended 
to  present,  within  a  reasonable  compass,  the  means  of  acquiring  a 
knowledge  of  these  subjects,  adequate  for  common  purposes.  Of 
this  species  of  information,  the  community  in  general,  it  is  sup- 
posed, are  but  imperfectly  possessed  ;  —  and  that  because  compara- 
tively few  have,  at  once,  access  to  the  sources  from  which  it  may 
be  obtained,  and  leisure  to  search  it  out. 

As  a  school  book,  the  work  is  intended  to  be  used  as  a  text-book 
by  students  in  academies,  and  by  the  highest  classes  in  common 
schools.  For  this  purpose  it  may  be  thought  by  some,  that  Ques- 
tions should  have  been  appended  to  the  work.  They  have  been 
omitted,  however,  from  the  belief  that  the  use  of  them,  at  least  by 
more  advanced  scholars,  is  productive  of  more  harm  than  benefit. 
Their  tendency  is  to  lead  the  student  to  seek  for  the  answers  to 
particular  questions,  to  the  neglect,  too  often,  of  the  general  drift 


IV  PREFACE. 

and  meaning  of  the  author.  The  aim  in  studying  a  book  should 
be,  not  to  accumulate  individual,  disconnected  facts,  but  to  obtain 
an  accurate  understanding  and  knowledge  of  the  subjects  of  which 
it  treats.  And,  it  is  submitted,  the  only  way  in  which  this  latter 
purpose  can  be  effectually  accomplished,  is,  by  a  thorough  and  care- 
ful reading  and  study  of  the  whole  text,  connectedly. 

As  a  book  for  general  readers,  it  is  hoped  this  work  may  be  found 
instructive  and  interesting  to  those  who  have  a  desire  to  look  into 
the  structure  and  practical  workings  of  our  institutions.  Some 
knowledge  of  this  kind,  more  than  is  easily  and  generally  accessi- 
ble, is  believed  to  be  necessary  to  enable  people  to  read,  with  satis- 
faction and  advantage,  the  accounts  furnished  by  the  newspapers, 
relative  to  the  proceedings  of  the  government  in  its  different  de- 
partments, and  to  discuss  understandingly  the  policy  of  its  meas- 
ures. It  has  been  the  design  to  render  the  work  as  full  and  com- 
plete as  the  limits  would  permit,  for  purposes  of  consultation  and 
reference,  upon  the  topics  discussed. 

The  Statistical  Tables  imbody,  within  a  small  compass,  a  large 
amount  of  matter,  which,  it  is  thought,  may  interest  some;  and 
they  may  frequently  be  convenient  to  refer  to  for  facts  and  infor- 
mation. The  Index  is  sufficiently  copious  to  enable  persons  to  find, 
easily  and  expeditiously,  anything  that  may  be  desired,  which  is 
contained  in  the  book.  C.  M. 

November,  1842. 


:.«^m££^ 


CONTENTS 


Pkeface, 3 

CHAPTER  I. 
The  different  kinds  of  Government,        •  ...        11 

CHAPTER  11. 
The  Nature  of  Popular  Governments, 13 

CHAPTER  III. 

The  American  Colonial  Governments,  .        .        .        .         15 

CHAPTER  IV. 
The  Continental  Congress  and  the  Confederation,  .        ,       18 

CHAPTER  V. 

The  Constitution  o^the  United  States,  ....        21 

CHAPTER  VI. 
The  National  and  State  Governments,        .  ...    24 

CHAPTER  VII. 

The  Legislative  Department, 27 

CHAPTER  VIII. 
Proceedings  in  Committees, 30 


VI  CONTENTS. 

CHAPTER  IX. 
Order  of  Business  and  Debate, 33 

CHAPTER  X. 
The  Enactment  of  Laws, 36 

CHAPTER  XL 
The  Executive  Department,  .        .        .        .        .        .        41 

CHAPTER  Xn. 
The  Judicial  Department, 44 

CHAPTER  Xm. 
The  Organization  of  Courts,  47 

CHAPTER  XIV. 
The  Constitution  of  Juries, 51 

CHAPTER  XV. 
Proceedings  in  Civil  Actions, 54 

CHAPTER  XVL 
Trial  of  Civil  Actions, 58 

CHAPTER  XVIL 
Proceedings  in  Criminal  Cases, 62 

CHAPTER  XVIIL 
Indictment  and  Arraignment  of  Criminals,        .        .        .        .66 

CHAPTER  XIX. 
The  Trial  in  Criminal  Cases, 70 

CHAPTER  XX. 
Impeachments,  74 


CONTENTS.  yil 

CHAPTER  XXI. 
Congress,  .        .  76 

CHAPTER  XXII. 
Meetings  and  Privileges  of  Congress, 80 

CHAPTER  XXIII. 
Rules  and  Proceedings  of  Congress, 84 

CHAPTER  XXIV. 
Powers  of  Congress,  89 

CHAPTER  XXV. 
The  National  Judiciary, 94 

CHAPTER  XXVI. 
Courts  of  the  United  States, 97 

CHAPTER  XXVII. 
Choice  of  President  and  Vice  President,         ....      101 

CHAPTER  XXVIII. 
Powers  and  Duties  of  the  President,  ....  107 

CHAPTER  XXIX. 
The  Executive  Departments, 110 

CHAPTER  XXX. 
The  Department  of  State, 112 

CHAPTER  XXXI. 
The  Treasury  Department, 115 

CHAPTER  XXXII. 
TheDepartmentsof  Warandofthe  Navy,        .       .        .  120 


Vm  CONTENTS. 

CHAPTER  XXXIII. 
The  Army  of  the  United  States, 124 

CHAPTER  XXXIV. 
The  Navy  and  Marines, 128 

CHAPTER  XXXV. 
The  Post  Office  Department, 132 

CHAPTER  XXXVI. 
Postmasters, 136 

CHAPTER  XXXVII. 
Rates  of  Postage  and  Franking, 140 

CHAPTER  XXXVIII. 
Patents  and  Copyrights, 144 

CHAPTER  XXXIX. 
New  States  and  Territories,  149 

CHAPTER  XL. 
The  General  and  Subordinate  Land  Offices,      .        .        .  154 

CHAPTER  XLL 
The  Public  Lands,  . 157 

CHAPTER  XLII. 
Foreign  Ministers  and  Consuls, 160 

CHAPTER  XLIII. 
International  Relations, 163 

CHAPTER  XLIV. 
Aliens  and  Naturalization, 166 


CONTENTS.  1^ 

CHAPTER  XLV. 

The  Slave  Trade,  169 

CHAPTER  XLVI. 
^  Slavery  in  the  United  States, 172 

CHAPTER  XLVn. 
Bankruptcy, 175 

CHAPTER  XLVm. 
Navigation, 179 

CHAPTER  XLIX. 
The  Shipment  and  Landing  of  Goods,  ....       193 

CHAPTER  L. 

Officers  of  the  Revenue, 188 

CHAPTER  LI. 

Revenue  of  the  United  States, 191 

CHAPTER  LH. 
The  Mint  and  Money, 197 

CHAPTER  LHL 
Corporations, 200 

4 


STATISTICAL  TABLES. 

L     State  Constitutions,  and  Electors,           .        .  .           205 

IL    Legislatures  of  States  and  Territories,        .  .        .       206 

in.    Elections,  and  Legislative  Sessions,       .        .  .          207 


X  CONTENTS. 

IV,  Governors  of  States  and  Territories,           ...  208 

v.  Judges  of  the  Highest  Courts,          ....  209 

VI.  Apportionment  of  Representatives,    .        .        .        .210 

VII.  Ratios,  and  Fractions, 211 

VIII.  Sessions  of  Congress, 212 

IX.  Salaries  of  Executive  Officers,        ....  214 

X.  Army  of  the  United  States, 216 

XL  Officers  of  the  Navy,  and  Marines,          .        .        .  217 

XII.  Circuit  and  District  Courts, 2l8 

XIII.  Post  Office  Establishment, 219 

XIV.  Revenue  of  the  United  States,    .....  220 
XV.  Expenditures  of  the  United  States,        ...  222 

XVI.  Coinage  at  the  Mint  and  its  Branches,     .        .        .  224 

Indbx, .  225 


A  TREATISE 

ON    THE 

NATIONAL   AND    STATE 

GOVERNMENTS. 


CHAPTER  I. 

THE    DIFFERENT    KINDS    OF    GOVERNMENT. 

1.  Mankind  living  together  in  families  and  commu- 
nities, maintaining  intercourse  with  each  other,  and  re- 
cognizing certain  reciprocal  rights  and  obligations,  con- 
stitute civil  society.  It  is  as  a  member  of  society  that 
man  is  constantly  the  subject  of  our  observation  ;  and 
for  that  station  he  was  evidently  designed.  To  pre- 
serve the  peace  and  order  of  the  social  state,  there  has 
always  been  found  necessary  some  superintending  and 
controlUng  power ;  which  is  known  by  the  general  name 
o^ government.  This  power  exists  under  various  modi- 
fications, the  particular  form  and  character  of  the  gov- 
ernment being  determined,  in  each  case,  by  the  genius, 
habits,  and  pursuits  of  the  people  among  whom  it  is  es- 
tablished, the  progress  they  have  made  in  knowledge 
and  refinement,  and  a  diversity  of  other  circumstances. 

2.  There  are  three  which  may  be  denominated  the 
simple  and  eleme^itary  forms  of  government ;  the  mo- 
narchical, the  aristocratic,  and  the  democratic.  It  is  not 
to  be  supposed,  however,  that  either  of  these  forms  is 
commonly  found  existing  by  itself,  entirely  distinct  from 
the  others.  Wherever  one  or  another  of  the  names  is 
applied,  it  indicates  the  prevailing  feature  of  the  govern- 
ment, rather  than  describes  accurately  its  whole  consti- 
tution. Most  governments  are  of  a  mixed  nature,  being 
a  combination  of  certain  powers  and  properties,  of  some 
two,  or  of  all  the  three  primary  modes,  and  varying  in 
their  character  according  to  the  different  proportions  in 
which  these  elements  enter  into  their  composition, 


12  DIFFERENT    KINDS    OF    GOVERNMENT. 

3.  Monarchy  is  that  species  of  government  which  is 
lodged  in  the  hands  of  a  single  individual.  The  office 
of  the  sovereign  is  usually  hereditary,  descending  in  the 
same  family ;  rarely,  it  is  elective,  that  is,  the  sovereign 
is  chosen.  When  the  monarch  virtually  wields  the 
whole  power  of  the  state,  subject  to  no  established  re- 
strictions, but  his  sole  and  arbitraiy  will  is  law,  which 
is  upheld  by  fear,  by  force,  and  by  habit,  the  govern- 
ment is  an  absolute  monarchy,  or  despotism.  *  When,  as 
is  commonly  the  case,  the  will  of  the  sovereign  is  con- 
trolled, and  his  power  restrained,  by  express  provisions, 
or  by  customs  to  which  length  of  time  has  given  a  sanc- 
tion and  binding  force,  the  government  is  called  a  lim- 
ited monarchy. 

4.  Aristocracy,  which,  though  with  us  commonly 
used  in  an  odious  sense,  denotes,  properly,  the  sway  of 
the  most  distinguished;  or  oligarchy,  which  is  essentially 
the  same  thing,  importing  the  rule  of  the  few,  is  that  form 
of  government  in  which  the  sovereign  power  resides  in 
a  select  council.  This  has  made  but  little  figure  in  the 
world,  as  the  distinctive  and  predominant  element  in 
government.  But,  in  a  greater  or  less  degree,  it  enters 
as  a  constituent  into  most  governments,  as  is  witnessed, 
for  example,  in  the  European  monarchies,  where  an 
hereditary  nobility  exist  as  a  privileged  class,  and  ex- 
ercise great  authority  in  the  administration  of  govern- 
ment. 

5.  Democracy  is  government  conducted  by  the  peo- 
ple themselves,  in  their  collective  capacity.  In  its  pure 
and  simple  form,  this  has  never  prevailed,  to  any  con- 
siderable extent,  being  adapted  only  to  small  commu- 
nities, where  the  people  can  assemble  in  person,  to  dis- 
cuss, settle,  and  execute  measures  of  common  concern. 
Republicanism,  is  a  modification  of  democracy,  which  is 
suited  to  communities  however  extensive.  In  this  form, 
the  government,  instead  of  being  exercised  directly  by 
the  people,  in  their  primary  assemblies,  is  delegated  by 
them,  for  a  fimited  term,  to  particular  individuals,  of 
their  own  selection,  who  administer  it  as  their  account- 
able agents  and  representatives. 


NATURE    OF    POPULAR    GOVERNMENTS.  13 

CHAPTER  II. 

THE    NATURE    OF    POPULAR    GOVERNMENTS. 

1.  In  free  countries,  such  as  our  ov^m,  government 
is  said  to  be  instituted  by  the  people  themselves,  for 
their  own  convenience  and  protection.  The  notion, 
however,  that  in  any  large  community,  government  is 
the  creature  of  the  whole  people,  or  that  it  has,  in  any 
proper  sense,  received  the  assent  of  all,  is  entirely  fan- 
ciful. The  truth  is,  that  even  in  the  most  favorable 
cases,  but  a  comparatively  small  portion  of  the  people 
have  actually  any  share  in  directing  the  affairs  of 
state ;  and  of  that  portion,  a  bare  majority  may  usually 
prescribe  the  form  and  policy  of  the  government,  under 
which  all  are  to  live,  and  to  wliich  all  are  held  equally 
bound  to  render  obedience. 

2.  Persons  speak  of  universal  mffrage,  as  if  such  a 
thing,  with  us,  really  existed.  But  the  fact  is  far  other  • 
wise.  More  than  tln-ee  fourths  of  the  entire  population 
are  excluded,  by  reason  of  their  sex,  age,  or  other  de- 
clared disqualifications,  from  all  participation  in  the 
right  of  voting.  Most  of  the  persons  thus  excluded 
may  be  incompetent  to  exercise  the  right  in  question ; 
but  it  would  be  impossible  to  maintain  that  there  are 
absolutely  none  among  them,  who  are  capable  of  a  ju- 
dicious use  of  that  r^ght.  The  exclusion  is  somewhat 
arbitrary;  indeed,  no  more  is  pretended  than  that  it 
proceeds  upon  a  general  presumption  of  unfitness, 
which  is  adopted  for  the  sake  of  convenience. 

3.  And  if,  even  where  a  community  undertake, 
originally,  to  establish  a  system  of  government  for 
themselves,  but  a  small  fraction  of  the  people  are  either 
invited  or  permitted  to  take  any  share  in  the  matter, 
the  case  is  no  better,  certainly,  in  respect  to  succeed- 
ing generations.  On  their  part,  there  is  no  assent  to  a 
government  which  they  find  already  established  other 

2 


M  NATURE    OF    POTULAR    GOVERNMENTS. 

than  is  to  be  implied  from  their  consenting  to  live  un- 
der it,  and  participate  in  its  administration  and  its 
benefits.  They  are  placed,  without  their  own  choice 
or  instrumentality,  in  a  position  in  which,  unless  they 
"will  rise  in  rebellion  against  the  existing  government, 
or  flee  from  it,  they  have  no  alternative  but  to  conform 
to  its  requisitions. 

4.  The  social  compact  that  is  sometimes  spoken  of, 
as  formed  and  subsisting  between  the  whole  communi- 
ty on  the  one  side,  and  each  individual  member  of  it 
on  the  other,  has  no  real  existence,  but  is  purely  a  fic- 
tion. It  is  not  true,  that  each  individual  enters  volun- 
tarily into  society;  and  freely  contracts  to  observe  all 
its  rules.  One  finds  himself  already  in  society,  and  in 
such  a  situation  that  he  can  scarcely  do  otherwise  than 
choose  to  comply  with  its  terms.  The  actual  state  of 
the  case  is,  that  men  perceive  the  advantage  and  ne- 
cessity of  maintaining  a  government,  and  by  common 
consent  and  habit,  they  allow  it  to  exercise  the  power 
it  possesses,  while  they  look  to  it  for  protection,  in  re- 
turn. And  tliis  tacit,  general  understanding  works  well 
enough,  for  most  practical  purposes. 

5.  The  power  that  is  wielded  by  comparatively  a 
few,  in  the  establishment  and  administration  of  govern- 
ment, may  doubtless  be  abused.  But  it  is  to  be  con- 
sidered, that  those  who  thus  take  it  upon  themselves 
to  act  for  the  whole,  are  not  a  detached  portion  of  man- 
kind, possessed  of  separate  interests,  and  actuated  by 
motives  hostile  to  the  rest  of  their  race.  They  are 
bound  to  those  others  by  the  strongest  ties  of  afiec- 
tion  and  interest,  and  have  every  inducement  to  con- 
sult for  their  w^elfare.  And  since  it  is  not  possible 
to  contrive  any  method,  whereby  each  individual  may 
exercise,  for  him-self,  the  precise  amount  of  power  and 
influence  to  which  he  is  fairly  entitled,  but  in  some 
way,  a  part  must  be  the  active  agents  of  the  commu- 
nity, perhaps  the  system  we  have  adopted  is,  in  prac- 
tice, as  good  as  any  that  could  be  devised. 

6.  It  is  the  design  of  a  free  government  to  protect 
the  rights  of  the  individuals  who  live  .under  it.     Its 


AMERICAN  COLONIAL  GOVERNMENTS.        15 

object  is  essentially  defensive.  It  seeks  not,  of  set 
purpose,  to  abridge  and  restrain  men's  natural  liberty ; 
its  aim  is  to  secure  to  ail,  as  completely  as  possible,  the 
undisturbed  enjoymisnt  of  that  liberty.  In  general,  it 
intermeddles  not  with  those  who  are  in  the  peaceable 
and  harmless  exercise  of  their  own  honest  vocations ; 
but  when  an  individual  undertakes  to  invade  the  rights 
of  others,  it  interposes  to  prevent  collision,  or  redress 
the  wrong.  There  are,  however,  certain  rights,  belong- 
ing to  a  state  of  nature,  which  are  incompatible  with 
the  existence  of  civil  society,  and  the  exercise  of  u^hich 
is  accordingly  prohibited,  or  laid  under  the  necessary 
restrictions. 

7.  Government,  it  has  been  said,  is  the  agent  by 
which  the  inexpedient  portion  of  individual  liberty  is 
taken  away.  But  the  loss  of  this  is  more  than  com- 
pensated by  the  additional  security,  which,  by  the 
same  limitation  of  the  freedom  of  others,  is  afforded  to 
the  more  valuable  portion  that  remains.  T\^iile  gov- 
ernment detracts,  somewhat,  from  every  man's  natural, 
personal  liberty,  which  consists  in  acting  as  one  thinks 
fit,  unrestricted  except  by  the  law  of  nature,  it  seeks  to 
protect  and  maintain  civil  liberty,  which  has  been  de- 
fined to  be  that  of  a  member  of  society,  and  no  other 
than  natural  liberty,  restrained  by  human  laws,  so  far 
only  as  is  necessary  and  expedient  for  the  general  ad- 
vantage of  the  public. 


CHAPTER  III. 

THE  AMERICAN  COLONIAL  GOVERNMENTS. 

1.  The  thirteen  states  which  originally  constituted 
this  Union,  were,  while  colonies  of  Great  Britain,  gov- 
erned in  such  manner  as  was  prescribed  for  them,  res- 
pectively, by  the  mother  country.  For  the  most  part, 
the   different  colonies   were,   politically,   distinct  and 


16        AMERICAN  COLONIAL  GOVERNMENTS. 

independent  of  each  other.  There  was  no  permanent 
or  authorized  confederacy  between  them,  though  some- 
times several  of  them  associated  themselves  together 
for  purposes  of  common  defence.  Neither  had  they 
any  political  connection  with  foreign  nations.  In  their 
general  features,  the  colonial  governments  were  essen- 
tially alike ;  but  there  was  some  diversity  in  their 
structure.  They  were  properly  of  three  kinds ;  provin- 
cial, proprietary,  and  charter  governments. 

2.  The  provincial  governments  were  under  the  im- 
mediate authority  of  the  crovm,  or  sovereign.  Their 
organization  depended  on  commissions  issued  by  the 
crown,  with  accompanying  instructions.  The  crown 
appointed  a  governor,  who  held  the  executive  poAver, 
and  a  council  of  state,  whose  duty  it  was  to  assist  the 
governor,  and  who  also  formed  one  branch  of  the  legis- 
lature. There  was  usually  a  house  of  representatives, 
convened  by  the  governor,  under  authority  of  his  com- 
mission, or  under  special  instructions  from  the  crown, 
and  chosen  by  the  people  of  the  respective  colonies. 
The  governor,  council,  and  house  of  representatives 
constituted  a  general  assembly,  in  wliich  the  legisla- 
tive power  was  vested. 

3.  Proprietary  governments  were  such  as  were 
granted  by  the  crown  to  individual  proprietors,  or  pro- 
prietaries, as  they  were  called,  who  possessed  both  the 
rights  of  the  soil,  and  the  general  powers  of  govern- 
ment. They  exercised,  within  their  respective  limits, 
nearly  the  same  authority  as  the  crown  did  in  the  pro- 
vincial governments;  but  were  expressly  restricted 
from  doing  any  tiling  that  might  derogate  from  the 
sovereignty  of  the  parent  country.  In  these  colonies, 
the  executive  power  resided  in  the  proprietary,  or  in  a 
governor  appointed  by  him,  who  acted  as  his  deputy. 
He  also,  with  the  assent  and  approbation  of  the  free- 
men, or  their  delegates,  assembled  for  that  purpose, 
was  authorized  to  make  laws  for  his  province.  To  this 
end,  there  was  a  house  of  representatives  chosen  by 
the  people,  and  a  council  elected  in  hke  manner,  or 
designated  by  the  proprietary. 


AMERICAN    COLONIAL    GOVERNMENTS.  17 

4.  Charter  governments  were  established  under 
royal  grants  or  charters  of  incorporation.  These  had  a 
governor  and  council,  or  body  of  assistants,  appointed, 
regularly,  by  the  crown,  and  a  house  of  representa- 
tives, elected  by  the  people;  but  in  some  of  the  colo- 
nies, by  the  provisions  of  their  charters,  the  people 
were  allowed  to  choose  all  their  officers.  Under  these 
governments  the  people  usually  enjoyed  more  ample 
powers,  and  their  liberties  were  better  secured,  than 
under  either  of  the  other  forms.  But  in  respect  to 
these  even,  the  kiug  and  parliament  claimed  the  right 
of  altering  or  revoking  the  charters,  at  pleasure,  a  right 
which  the  colonies  denied;  and  this  subject  was  a 
source  of  constant  contention  between  the  parent  coun- 
try and  the  charter  colonies. 

5.  Several  of  the  colonies,  which  were  origi|nally 
governed  under  charters  granted  to  individual  proprie- 
taries, were  subsequently  changed  into  provincial  gov- 
ernments, their  charters  having  been  either  voluntarily 
surrendered,  or  taken  away  by  the  crown.  And  all  the 
colonies,  in  the  course  of  their  political  existence,  ac- 
cording to  the  counsels  that  prevailed  in  the  mother 
country,  underwent  various  changes  in  respect  to  the 
administration  of  their  government,  and  the  authority 
under  which  it  was  exercised.  At  the  time  of  the 
American  Revolution,  charter  governments  existed 
only  in  Massachusetts,  Rhode  Island,  and  Connecticut ; 
Maryland,  Pennsylvania,  and  Delaware,  were  under 
proprietary  governments ;  and  all  the  other  colonies 
were  subject  to  provincial  governments  under  commis- 
sions from  the  crown. 

6.  The  judicial  power  in  the  colonies  was  not,  in 
general,  very  perfectly  separated  from  the  other  de- 
partments of  the  government.  It  was  exercised,  some- 
times, in  part,  by  the  governor  and  council,  but  chiefly 
by  regularly  organized  courts ;  and  the  general  assem- 
blies were,  to  some  extent,  constituted  courts  of  appeal. 
The  judicial  courts  were  variously  established  in  the 
different  colonies ;  in  some  by  the  crown,  in  others,  by 
the    governor  and    council,   the   proprietary,    or    the 

2# 


18  THE    CONTINENTAL    CONGRESS, 

general  assembly  of  the  colony.  From  the  decisions 
of  the  comls  of  the  last  resort  in  the  colonies,  an  appeal 
lay  to  the  king  in  council;  though  that  point  was 
sometimes  strenuously  contested  by  the  colonies. 

7.  In  the  enactment  of  laws,  the  representatives  of 
the  people  constituted  the  lower  house,  and  the  coun- 
cil, or  body  of  assistants,  served  as  an  upper  house. 
The  concurrence  of  the  two  houses  was  required  for 
the  adoption  of  measures,  and  the  governor  had  a  nega- 
tive upon  their  acts  and  proceedings,  as  well  as  a  right 
to  prorogue  or  dissolve  the  assembly.  The  colonial 
legislatures  were  authorized  to  pass  laws  not  contrary 
to  the  laws  of  England,  but  as  near  as  conveniently 
might  be,  agreeable  to  them,  and  subject  to  the  ratifi- 
cation or  disapproval  of  the  crown.  And  by  a  statute 
of  the  English  parliament,  all  laws  and  usages  in  prac- 
tice in  any  of  the  colonies,  repugnant  to  the  laws  of 
that  kingdom  relative  to  such  colonies,  were  declared 
to  be  void. 


CHAPTER  IV. 

THE  CONTINENTAL  CONGRESS,  AND  THE  CONFEDERATION. 

1.  When  the  prospect  of  a  peaceable  adjustment  of 
the  diiFerences  existing  between  Great  Britain  and  the 
colonies  had  become  doubtful,  the  latter  set  about 
forming  a  national  organization  for  their  better  protec- 
tion and  more  efficient  action,  A  Congress,  consisting 
of  delegates,  appointed  in  some  of  the  colonies  by  the 
legislature,  or  the  popular  branch  of  it,  in  others  by  con- 
ventions of  the  people,  assembled  at  Philadelphia,  in 
September,  1774.  This  congress  and  those  which  suc- 
ceeded it,  performed  the  functions  of  a  national  govern- 
ment, and  assumed  and  exercised  powers  sufficiently 
ample  for  that  purpose.  The  congress  consisted  of  but  a 
single  body ;  one  of  their  number  was  chosen  president ; 


AND    THE    CONFEDERATION.  19 

and  as  they  had  not  the  means  of  ascertaining  the  rela- 
tive importance  of  the  several  colonies,  it  was  agreed 
that,  in  determining  qnestions,  each  colony  should  have 
one  vote. 

2.  On  the  7th  of  June,  1776,  a  resolution  was  moved 
in  congress,  declaring  that  the  United  Colonies  ought 
to  be  free  and  independent  States.  On  the  28th  of  the 
same  month,  a  committee,  which  was  appointed  for  that 
purpose  several  days  previous,  reported  a  draft  of  a 
Declaration  of  Independence,  drawn  up  by  Thomas  Jef- 
ferson. The  resolution  for  independence,  though  oppos- 
ed by  some  of  the  members  as  immature,  finally  receiv- 
ed the  assent  of  all  the  colonies.  The  declaration  re- 
ported, after  undergoing  some  amendments,  was  adopt- 
ed by  congress  on  the  4th  of  July,  and  was,  either  then 
or  soon  after,  signed  by  all  the  members,  being  fifty -five 
in  number,  a  few  of  whom,  however,  were  not  present, 
and  indeed  were  not  yet  in  ofiice,  when  the  declaration 
was  adopted. 

3.  Soon  after  the  declaration  of  independence,  meas- 
ures were  taken  for  forming  a  permanent  cOTnpact  be- 
tween the  several  states.  After  great  delay.  Articles 
of  Confederation  were  adopted  by  congress,  in  Novem- 
ber, 1777,  and  were  proposed  to  the  states.  Accompa- 
nying them  was  a  circular,  recommending  to  the  legis- 
lature of  each  state,  to  invest  its  delegates  in  congress 
with  competent  powers  to  subscribe  the  articles  in  the 
name  and  behalf  of  the  state.  This  recommendation 
was  complied  with  reluctantly,  on  the  part  of  some  of 
the  states.  The  articles  were  ratified  by  eleven  of  the 
states  in  1778,  by  Delaware  in  1779,  and,  finally,  by 
Maryland  on  the  1st  of  March,  1781,  on  which  day  the 
conclusive  ratification  took  effect,  and  was  publicly  an- 
nounced by  congress. 

4.  These  articles  of  confederation  were,  in  fact, 
little  more  than  a  league  of  friendship  between  the 
states,  imbodying  essentially  the  principles  that  had 
been  practised  upon  by  the  continental  congi-ess. 
Each  state  retained  its  sovereignty  and  independence, 
and  all  powers  not  expressly  delegated  to  the  United 


20  THE    CONFEDERATION. 

States.  Provision  was  made  for  a  congress,  which 
was  to  consist  of  not  less  than  two  nor  more  than 
seven  members  from  each  state,  to  he  appointed  an- 
nually, in  such  manner  as  the  legislature  of  the  state 
should  direct,  and  maintained  by  their  respective  states. 
No  person  could  be  a  delegate  more  than  three  years 
in  any  term  of  six  years ;  and  each  state  had  the  power 
to  recall  its  delegates,  at  pleasure,  and  send  others  in 
their  stead.  Congress  was  to  meet  once  in  every  year ; 
and  in  deciding  questions  in  that  body,  each  state  had 
one  vote. 

5.  Congress,  under  the  confederation,  was  invested 
with  certain  specified  powers,  appropriate  to  a  national 
government,  but  for  the  exercise  of  many  of  the  most 
important  of  those  powers,  the  concurrence  of  nine 
states  was  required.  But  the  great  defect  in  the 
scheme  was,  that  congress  lacked  the  coercive  author- 
ity to  carry  into  effect  the  measures  it  was  competent 
to  adopt.  There  was  no  central  force  to  keep  the  ma- 
chinery ^rf  government  in  motion.  Congress  could 
recommOTO,  but  it  depended  upon  the  good  pleasure  of 
thirteen  independent  states,  whether  or  not,  and  when, 
they  would  conform  to  the  recommendation,  and  fur- 
nish the  means  necessary  for  carrying  on  national 
measures.  Another  radical  deficiency  was  the  want  of 
a  national  judiciary,  coextensive  with  the  other  powers 
of  government.  In  fact,  the  system  soon  showed  itself 
utterly  inefiicient,  and  inadequate  to  the  exigencies  of 
the  country  and  the  times. 

6.  In  the  mean  time,  the  United  States  had  attained 
to  aii  acknowledged  place  among  nations.  In  Febru- 
ary, 1778,  a  treaty  was  concluded  with  France,  which 
was  ratified  By  congress  in  May  following,  and 
was  the  fii'st  treaty  made  by  the  United  States  with 
any  foreign  power.  On  the  30th  of  November,  1782, 
preliminary  articles  of  peace  were  entered  into  between 
Great  Britain  and  the  United  States,  at  Paris ;  upon  the 
basis  of  which  articles,  a  definitive  treaty  was  conclu- 
ded and  signed,  at  the  same  place,  on  the  3d  of  Sep- 
tember, 1783.'^   By  this  treaty,  the  independence  of  the 


CONSTITUTION  OF  THE  UNITED  STATES.      21 

United  States  was  acknowledged  by  Great  Britain, 
peace- was  established,  and  various  provisions  made  for 
securing  a  permanent  good  understanding  and  friendly- 
relations  between  the  two  countries. 


CHAPTER  V. 

THE  CONSTITUTION  OF  THE  UNITED  STATES. 

1.  In  February,  1787,  in  consequence  of  certain 
measures  which  had  been  first  moved  in  the  legislature 
of  Virginia,  a  resolution  was  adopted  by  congress,  re- 
commending a  convention  of  delegates  from  all  the 
states,  to  be  held  at  Philadelphia,  on  the  second  Mon- 
day of  May  ensuing,  for  the  purpose  of  revising  the  ar- 
ticles of  confederation,  and  reporting  such  alterations 
and  provisions  in  respect  to  them,  as  should  be  thought 
necessary.  At  the  time  and  place  proposed,  the  con- 
vention assembled,  all  the  states  being  represented 
except  Rhode  Island,  which  declined  to  send  delegates. 
George  Washington  was  chosen  to  preside  in  that 
body.  The  existing  frame  of  government  was,  how- 
ever, deemed  so  radically  defective,  that  the  conven- 
tion, by  a  large  majority,  determined  on  forming  a  new 
one. 

2.  Great  difficulty  was  experienced  in  reconciling 
the  various  conflicting  interests  of  the  different  states. 
The  whole  subject  matter  underwent  a  most  thorough 
and  elaborate  discussion.  Certain  resolutions  which 
were  proposed  as  the  basis  of  a  constitution,  were  first 
debated  and  amended  in  the  convention,  and  then  re- 
ferred to  a  committee  for  the  purpose  of  reducing  them 
to  the  form  of  a  constitution.  That  committee  reported 
a  draft  accordingly,  which,  after  having  been  sufficient- 
ly discussed  and  modified,  was  submitted  to  another 
committee,  to  revise  the  style  and  arrange  the  articles. 
At  length,  on  the  17th  of  September,  1787,  the  Consti^ 


22      CONSTITUTION  OF  THE  UNITED  STATES. 

tution  of  the  United  States  was  adopted  by  the  unani- 
mous consent  of  the  twelve  states  there  represented. 
Of  the  fifty-five  members  who  sat  in  the  convention, 
thirty-nine,  being  the  whole  number  then  present, 
signed  the  constitution ;  and  some  of  those  who  were 
absent  were  known  to  be  in  favor  of  it. 

3.  The  constitution  thus  framed  and  adopted,  it  was 
remarked  by  the  president  of  the  convention  in  his  let- 
ter to  congress,  was  the  result  of  a  spirit  of  amity,  and 
of  that  mutual  deference  and  concession,  which  the 
peculiar  political  situation  of  the  states  rendered  indis- 
pensable. A  copy  of  the  instrument  was  laid  before 
congress,  and  received  the  approbation  of  that  body. 
It  was  then,  in  conformity  to  the  opinion  of  the  con- 
vention expressed  in  accompanying  resolutions,  trans- 
mitted by  congress  to  the  several  state  legislatures,  to 
be  submitted,  under  their  recommendation,  to  a  con- 
vention of  delegates  in  each  state,  who  should  be  cho- 
sen by  the  people  of  the  state,  for  their  assent  and 
ratification. 

4.  In  the  conventions  held  for  that  purpose,  in 
Georgia,  New  Jersey,  and  Delaware,  the  constitution 
was  adopted  unanimously ;  and  in  those  of  Pennsylva- 
nia, Connecticut,  Maryland,  and  South  Carolina,  by 
large  majorities.  In  the  conventions  of  Massachusetts, 
New  Hampshire,  Virginia,  and  New  York,  it  met  with 
serious  opposition,  and  finally  prevailed  in  them  by 
very  meagre  majorities.  The  first  convention  of  North 
Carolina  refused  to  ratify  the  constitution,  but  it  obtain- 
ed the  assent  of  a  second  convention,  in  that  state,  held 
in  November,  1789;  and  in  May,  1790,  it  received  the 
ratification  of  Rhode  Island,  which,  until  that  time,  had 
declined  to  call  a  convention  to  consider  it.  The  con- 
ventions of  Massachusetts,  South  Carolina,  New  Hamp- 
shire, Virginia,  New  York,  North  Carolina,  and  Rhode 
Island,  at  the  time  of  adopting  the  constitution,  pro- 
posed and  recommended  a  series  of  amendments  to  it. 

5.  The  constitution,  by  the  terms  of  it,  was,  when 
ratified  by  the  conventions  of  nine  states,  to  go  into 
effect,  as  between  those  states.     When  the  ratification 


CONSTITUTION  OF  THE  UNITED  STATES.      23 

had  been  completed  by  eleven  states,  congress  passed 
a  resolution  providing  for  the  choice  and  assembling  of 
electors  of  president  of  the  United  States ;  and  sena- 
tors and  representatives  having  been  chosen  by  those 
eleven  states,  the  new  congress  met  at  New  York,  on 
Wednesday,  the  4th  of  March,  1789,  and  commenced 
proceedings  under  the  constitution.  There  was  not  a 
guorum  of  both  houses,  or  the  required  number  to  do 
business,  in  attendance  until  the  6th  of  April  following, 
when,  on  counting  the  electoral  votes,  it  appeared  that 
George  Washington  was  unanimously  chosen  presi- 
dent. On  the  30th  of  the  same  month,  the  president 
elect  Avas  sworn  into  office,  and  from  that  time  the  gov- 
ernment went  into  full  operation. 

6.  Provision  was  made  in  the  constitution  for  its 
amendment.  Congress  is  required,  whenever  two 
thirds  of  both  houses  shall  deem  it  necessary,  to  pro- 
pose amendments ;  or  on  the  application  of  the  legisla- 
tures of  two  thirds  of  the  states,  to  call  a  convention 
for  proposing  amendments.  The  amendments,  in  either 
case,  become  valid  as  a  part  of  the  constitution,  when 
ratified  by  the  legislatures  of  three  fourths  of  the  states, 
or  by  conventions  in  three  fourths  of  them,  as  congress 
shall  direct.  But  no  state  can,  without  its  consent,  be 
deprived  of  its  equal  suffrage  in  the  senate.  Twelve 
articles  of  amendment  were  proposed  by  congress,  at 
its  first  session,  of  which  ten  were  duly  ratified,  forming, 
in  effect,  a  bill  of  rights.  Another  article  was  added, 
not  long  afterwards ;  and  in  1804,  a  twelfth  amendment 
was  adopted,  changing  the  mode  of  voting  for  president 
and  vice  president.  These  amendments  were  all  pro- 
posed by  congress,  and  submitted  for  ratification,  tp  the 
state  legislatures. 

7.  The  constitution  is  an  instrument  imbodying  the 
fundamental  principles  of  the  national  government,  de- 
claring the  manner  in  which  its  different  branches  shall 
be  constituted,  and  defining  the  powers  and  duties  of 
each.  From  the  mode  of  its  ratification,  it  may  be  re- 
garded, so  far  as  that  is  capable  of  being  done,  as  ex- 
pressing the  deliberate  will  of  t\ie  people  of  the  United 


24  NATIONAL    AND    STATE    GOVERNMENTS. 

States.  The  articles  of  confederation  received  the  as- 
sent only  of  the  state  legislatures,  which  were  chosen 
for  other  purposes.  But  the  conventions  which  passed 
upon  the  constitution,  in  the  several  states,  were  com- 
posed of  members  selected  by  the  people  expressly  for 
that  single  object.  This  constitution,  and  the  laws  of 
the  United  States  passed  in  pursuance  of  it,  and  all 
treaties  made  under  the  authority  of  the  United  States, 
are  declared  to  be  the  supreme  law  of  the  land. 


CHAPTER  VI. 

THE    NATIONAL    AND    STATE    GOVERNMENTS. 

1.  The  National  Government  is  republican,  existing, 
since  1789,  under  the  provisions  of  the  constitution  of 
the  United  States.  By  the  same  instrument  a  repub- 
lican form  of  government  is  guarantied  to  every  state 
of  the  Union :  and  such  a  government  in  fact  exists  in 
each  state,  under  its  own  constitution.  On  their  seces- 
sion from  the  mother  country,  the  several  colonies,  by 
the  recommendation  of  congress,  formed  governments 
for  themselves.  These  were,  at  first,  designed  to  be 
merely  temporary,  and  some  of  them  were  expressly 
limited  in  their  duration,  to  the  continuance  of  the  dis- 
pute between  Great  Britain  and  the  colonies.  Some 
of  the  states  established  permanent  constitutions,  about 
the  time  of  the  declaration  of  independence,  while  oth- 
ers continued  to  act  under  their  charters  or  existing 
forms  of  government,  long  afterwards. 

2.  The  several  state  constitutions  were  framed  by 
conventions  coming  immediately  from  the  body  of  the 
people,  and  acting  in  their  behalf;  and  were,  in  general, 
at  least,  subsequently  adopted  and  ratified  by  the  peo- 
ple themselves,  in  their  primary  assemblies.  Most  of 
those  of  an  earlier  date  have  been  revised  and  amend- 
ed to  suit  the  spirit  of  the  times.     These  constitutions 


NATIONAL    AND    STATE    GOVERNMENTS.  25 

are  sovereign,  each  within  its  own  limits,  unless  they 
conflict  with  the  paramount  authorities  of  the  United 
States.  Any  law  or  enactment,  contrary  to  the  consti- 
tution of  the  state  in  which  it  is  passed,  is  void ;  and  so 
is  any  act  of  a  state  legislature  or  of  congress,  or  any 
provision  of  a  state  constitution,  v^hich  is  repugnant  to 
the  constitution,  the  existing  constitutional  laws,  or  the 
treaties  of  the  United  States. 

3.  In  relation  to  each  other,  the  states  are,  for  most 
purposes,  independent  governments.  They  are  also 
independent  of  the  national  government,  except  in  res- 
pect to  those  powers  which  were,  either  expressly  or 
by  fair  implication,  delegated  to  it  by  the  constitution 
of  the  United  States.  Of  these  powers,  some  are,  by 
their  very  nature,  or  are  expressly  declared  to  be,  exclu- 
sive in  the  general  government,  w^hile  others  may  be 
exercised  concurrently  by  the  state  governments.  The 
several  states  are,  for  the  most  part,  left  to  regulate 
their  own  internal  affairs,  while  matters  relating  to  the 
general  welfare  and  safety  are  confided  to  the  national 
government.  The  United  States  are  bound  to  protect 
each  of  the  states  against  invasion ;  and  on  application 
of  the  legislature,  or  of  the  executive,  when  the  legisla- 
ture cannot  be  convened,  against  domestic  violence. 

4.  It  is  provided  by  the  constitution,  that  citizens  of 
each  state  shall  be  entitled  to  all  the  privileges  and 
immunities  of  citizens  in  the  several  states  ;  and  also, 
that  full  faith  and  credit  shall  be  given  in  each  state  to 
the  public  acts,  records,  and  judicial  proceedings  of 
every  other  state.  A  person  charged  in  any  state  with 
treason,  felony,  or  other  crime,  who  shall  flee  from  jus- 
tice and  be  found  in  another  state,  is  required  to  be 
delivered  up  for  trial,  on  the  requisition  of  the  execu- 
tive authority  of  the  state  from  which  he  fled.  It  is 
likewise  declared,  that  any  person  held  to  service  in  one 
state,  under  its  laws,  escaping -into  another  state,  shall 
be  delivered  up  on  claim  of  the  party  to  whom  the  ser- 
vice is  dae. 

5.  Under  oiu:  governments  aU  power  emanates  from 
the  people,  but  they  exercise  it  by  their  agents  and  rep- 

3 


26  NATIONAL    AND    STATE    GOVERNMENTS. 

resentatives,  who  are  selected  in  such  manner  as  the 
constitutions  and  laws  of  the  several  states  prescribe. 
The  greater  part  of  these  officers  are  chosen  directly 
by  that  portion  of  the  people,  who  are  deemed  qualified 
electors,  or  voters,  in  their  respective  states.  The  qual- 
ifications usually  required  for  such  electors  are,  that 
they  be  free,  and  in  a  majority  of  the  states,  white  male 
citizens,  of  the  age  of  twenty-one  years,  and  have  resi- 
ded for  some  stated  period,  varying  from  three  months 
to  two  years,  in  the  place  where  they  propose  to  vote. 
In  some  of  the  states,  they  must  also  have  paid  a  state 
or  county  tax,  and  in  three  or  four  states  a  property 
qualification  is  requisite. 

6.  The  various  public  functionaries,  whether  chosen 
by  the  people,  or  appointed  by  the  executive  or  other 
authority,  are  properly  the  servaqts  of  the  community, — 
not  of  individuals,  but  of  the  whole  collectively ;  and 
they  are  amenable  to  the  people  for  the  diligent  and 
faithful  discharge  of  their  several  duties.  The  more 
irnportant  executive  and  judicial  officers,  especially,  are 
usually  subject  to  impeachment  and  removal  from  office 
for  official  misconduct.  And  nearly  all  public  officers 
are  appointed  for  such  periods,  and  hold  their  places  by 
such  tenure,  that  before  they  can  long  have  abused  their 
trust,  they  are  liable  to  be  removed,  or  to  be  displaced 
by  a  new  election. 

7.  There  are  other  provisions  intended  further  to  se- 
cure the  integrity  and  fidelity  of  persons  in  office.  All 
members  of  congress  and  of  the  several  state  legisla- 
tures, all  executive  and  judicial  officers,  both  of  the 
nation  and  of  the  states,  and  all  officers  appointed  un- 
der the  authority  of  the  United  States,  are  required  to 
take  an  oath  or  affirmation  to  support  the  constitution 
of  the  United  States.  Most  officers  of  the  general 
government  are  also  sworn  to  the  faithful  execution  of 
the  trust  committed  to  them.  And,  usually,  state  offi- 
cers are  required  to  take  an  oath  to  support  the  consti- 
tution of. the  state,  and  an  oath  of  office.  Such  public 
officers  as  are  intrusted  with  the  possession  and  man- 
agement of  money,  or  other  valuable  property,  are  com- 


LEGISLATIVE    DEPARTMENT.  27 

monly  required  also  to  give  bonds  for  the  faithful  dis- 
charge* of  their  official  duties. 

8.  In  the  establishment  of  all  our  governments,  it 
has  been  a  favorite  policy,  to  preserve  distinct  the  three 
great  departments,  the  legislative,  executive,  and  judi- 
cial. And  such  a  separation,  not  perfect  indeed,  but 
sufficient  for  all  practical  purposes,  is  accordingly  found 
universally  to  exist.  In  all  of  them,  these  three  pov^rers 
are,  for  the  most  part,  vested  in  differ&nt  officers,  who 
are  chosen  in  different  modes,  and  hold  their  offices  by 
different  tenures.  The  particular  organization  of  each 
of  these  departments,  and  the  distribution  of  the  powers 
of  government  among  them,  are  regulated,  in  the  several 
states,  by  their  respective  constitutions  and  laws.  The 
general  duties  appropriated  to  each  department,  are, 
however,  essentially  the  same  in  all  the  states. 


CHAPTER  VIL 

THE    LEGISLATIVE    DEPARTMENT. 

1.  The  office  of  the  legislative  department  is  to 
pass  laws.  Under  our  systems  of  government,  this 
power  is  vested  in  two  independent  branches,  styled, 
usually,  a  senate  and  house  of  representatives,  the  con- 
currence of  which  is  regularly  required  for  the  passage 
of  laws,  and  for  the  performance  of  most  legislative 
acts.  The  house  of  representatives  is  the  more  nu- 
merous branch,  containing,  on  an  average,  in  each  of 
the  states,  somewhat  more  than  one  hundred  members. 
In  Massachusetts,  which  has  the  largest  house,  the 
number  of  representatives  is  about  three  hundred  and 
fifty ;  in  Delaware,  which  has  the  smallest,  there  are 
but  twenty-one.  The  senates  of  the  several  states 
vary  from  ninety  members  or  thereabouts,  which  is  the 
number  in  Georgia,  to  nine,  the  number  in  Delaware  ; 
the  average  number  being  about  thirty. 


28  LEGISLATIVE    DEPARTMENT. 

2.  The  house  of  representatives  is  peculiarly  the 
popular  branch  of  the  legislature.  It  is  composed  of 
members  chosen  by  the  legally  qualified  electors  of  the 
people,  voting,  in  the  New  England  states,  by  towns,  in 
the  other  states,  mostly  by  counties.  The  senators  are 
chosen  by  the  same  electors  ;  but  for  this  purpose,  the 
states  are  commonly  divided  into  districts,  each  consist- 
ing of  several  towns,  or  in  those  states  in  which  the 
representatives  are  chosen  by  counties,  of  several  coun- 
ties, so  that  this  branch  is  elected  on  a  basis  somewhat 
different  from  that  of  the  other.  The  senators  repre- 
sent the  people  by  larger  masses  than  do  the  repre- 
sentatives. 

3.  In  most  of  the  states,  the  representatives  hold 
their  office  only  one  year,  but  in  several  of  the  southern 
and  western  states,  the  term  is  two  years,  and  in 
Rhode  Island  it  is  but  six  months.  In  the  New  Eng- 
land states,  and*  two  or  three  others,  the  senators  are 
chosen  for  one  year ;  in  all  the  other  states,  for  periods 
of  two,  three,  four,  and  in  Maryland,  for  six  years.  In 
those  states  in  which  the  term  is  longer  than  one  year, 
the  senators  are  divided  into  two,  three,  or  four  classes, 
as  the  case  may  be,  whose  terms  of  office  expire  at  dif- 
ferent times,  so  that  a  portion  of  the  senate  is  chosen 
every  year,  or  at  the  furthest,  once  in  two  years. 

4.  The  principal  qualifications  usually  required  for 
representatives  and  senators,  are  a  certain  age,  resi- 
dence for  a  given  number  of  years  within  the  state,  and 
for  a  prescribed  period  previous,  and  at  the  time  of  their 
election,  within  the  town,  county,  or  district  for  which 
they  are  chosen ;  and  sometimes  citizenship  of  the  Uni- 
ted States  is  specified.  In  a  few  of  the  states  a  certain 
amount  of  property  is  required,  which  is  larger  for  a 
senator  than  for  a  representative.  The  age  requisite 
for  a  representative  is  fixed  at  twenty-one  years,  in 
about  half  the  states,  in  some  at  twenty-five  ;  that  of 
senators  at  twenty-five  for  the  lowest,  and  more  com- 
monly as  high  as  thirty  years.  In  several  of  the  states 
there  is  no  express  provision  as  to  age  or  citizenship. 
Senators  and  representatives  are  paid  for  their  services 
a  fixed  sum,  by  the  day. 


LEGISLATIVE    DEPARTMENT.  29 

5.  The  legislatures  of  all  the  states  meet  regularly 
once  in  a  year,  except  in  six  states,  in  which  they  as- 
semble but  once  in  two  years,  and  in  Rhode  Island, 
where  there  are  two  regular  sessions,  annually.  Most 
of  the  state  constitutions  declare  what  portion  of  each 
house  shall  constitute  a  quorum  to  do  business.  Usu- 
ally a  majority  is  required  for  this  purpose,  sometimes 
two  thirds  of  the  whole  number ;  though  in  either  case, 
it  is  commonly  provided,  that  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  com- 
pel the  attendance  of  absent  members.  In  most  of  the 
state  constitutions  it  is  declared,  that  the  doors  of  each 
house  shall  be  kept  open,  except  in  cases  requiring 
secrecy. 

6.  Each  branch  of  the  legislature  is  the  judge  of  the 
elections  and  qualifications  of  its  own  members,  and 
each  chooses  its  own  officers,  except  that  in  several  of 
those  stated  which  have  a  lieutenant  governor,  that 
officer  presides  in  the  senate,  by  virtue  of  his  office,  but 
is  not  entitled  to  vote,  unless  in  case  of  an  equal  divis- 
ion of  the  senators.  The  speaker  is  the  presiding  offi- 
cer in  the  house  of  representatives.  The  house  has  a 
clerk,  and  the  senate  a  secretary  or  clerk,  who  keep  an 
accurate  journal  of  the  proceedings  of  those  bodies, 
which  is  afterwards  published.  Each  branch  has  a 
doorkeeper;  and  each,  or  sometimes  both  together,  a 
sergeant  at  arms,  whose  duty  it  is  to  maintain  order 
among  the  spectators,  to  execute  the  commands  and 
serve  the  process  of  the  legislature,  to  attend  persons 
charged  with  messages  from  one  house  to  the  other, 
and  the  like. 

7.  Each  house  is  empowered  to  determine  the  rules 
of  its  own  proceedings,  to  punish  its  members  for  disor- 
derly conduct,  and  in  certain  cases  to  expel  a  member. 
In  general,  it  is  expressly  provided,  that  each  house 
may  punish  by  imprisonment,  during  its  session,  any 
person  not  a  member,  who  is  guilty  of  disrespect  to  the 
house  by  disorderly  conduct  in  its  presence,  or  other 
declared  contempt  of  its  authority.  Senators  and  rep- 
resentatives are  usually,  except  in  cases  of  treason, 

3* 


30  PROCEEDINGS    IN    COMMITTEES. 

felony,  or  breach  of  the  peace,  privileged  from  arrest 
during  the  session  of  the  legislature,  and  for  a  specified 
time  before  its  commencement  and  after  its  close  :  and 
they  are  not  answerable,  elsewhere,  for  any  thing  spo- 
ken in  debate,  in  either  house.  The  privilege  from 
arrest  operates  by  virtue  of  the  election,  which  consti- 
tutes the  individual  a  member,  for  most  purposes,  though 
he  cannot  vote  until  he  has  been  sworn. 


CHAPTER  VIII. 

PROCEEDINGS    IN    COMMITTEES. 

1.  The  preliminary  proceedings  in  the  enactment  of 
laws  are  conducted,  in  great  part,  in  committees.  At 
the  commencement  of  the  legislative  session,  each 
}i0use,  or  branch  of  the  legislature,  or  more  commonly, 
in  practice,  its  presiding  officer,  appoints,  from  among 
its  members,  a  number  of  standing  committees,  on 
certain  specified  subjects,  to  continue  in  oflice  through 
the  session.  There  are  also  joint  standing  committees 
of  both  houses.  To  some  one  of  these  committees, 
'wrhich  is  deemed  most  appropriate,  or  to  a  select  com- 
mittee appointed  specially  for  the  purpose,  matters 
coming  before  the  house  are  usually  referred  for  con- 
sideration, with  leave  to  report  upon  them  by  bill  or 
otherwise.  These  committees  sit  and  deliberate  upon 
the  business  submitted  to  them,  commonly  at  times 
when  their  respective  houses  are  not  in  session. 

2.  For  certain  purposes,  especially  for  the  primary 
discussion  of  propositions  for  imposing  any  tax  or  charge 
upon  the  people,  or  relating  to  appropriations  of  money, 
all  the  members  of  the  house  sit  together  as  a  com- 
mittee of  the  whole  Jiouse.  On  a  vote  of  the  bouse  to 
resolve  itself  into  a  committee  of  the  whole,  the  speaker 
leaves  the  chair,  appoints  a  chairman  to  preside  in 
committee,  and  himself  sits  as  a  member.     If  disorder 


PROCEEDINGS    IN    COMMITTEES.  31 

arise  during  the  sitting,  the  speaker  takes  the  chair ; 
as  he  -does  also  to  receive  any  message  that  may  be 
sent  to  the  house.  It  is  the  business  of  a  committee 
of  the  whole  to  digest  and  mature  the  subject  matter 
before  them,  preparatory  to  future  action  upon  it  in  the 
house.  To  this  end  the  leading  principles  of  the  pro- 
posed measure  are  put  into  form,  and  are  debated  and 
modified  as  the  sense  of  the  majority  shaJl  dictate. 
When  adopted,  their  resolutions  are  reported  to  the 
house,  and  if  approved  by  it,  are  there  further  con- 
sidered, or  referred  to  other  committees. 

3.  The  rules  of  proceeding  in  a  committee  of  the 
whole  are  substantially  the  same  as  in  the  house ;  but 
the  debate  is,  in  general,  more  free.  No  previous 
question  can  be  taken  in  a  committee,  the  mode  of 
avoiding,  an  improper  or  untimely  discussion  being,  to 
move  that  the  committee  rise.  A  committee  of  the 
whole  cannot  adjourn,  but  if  their  business  is  unfinished, 
they  Tise,  and  the  chairman  reports  to  the  house,  that 
the  committee  have  had  under  consideration  such  a 
subject,  and  have  made  progTcss  in  it,  but  not  having 
time  to  complete  it,  have  requested  him  to  ask  leave  to 
sit  again.  When  their  business  is  concluded,  the  com- 
mittee rise  on  motion,  and  the  speaker  resumes  the 
chair.  The  chairman  then  informs  the  house,  that  the 
committee  have  gone  through  the  matter  submitted  to 
them,  and  that  he  is  ready  to  report  upon  it,  whenever 
the  house  shall  direct. 

4.  Bills  are  introduced  into  the  house  by  motion  for 
leave,  or  by  an  order  of  the  house  on  report  of  the 
committee  who  have  had  the  matter  under  considera- 
tion. When  a  member  wishes  to  bring  in  a  bill,  on  a 
particular  subject,  he  moves  for  leave  to  do  so,  prefacing 
his  motion  with  a  general  statement  of  his  reasons  for 
making  it.  If  leave  be  granted,  a  committee,  including 
customarily,  the  mover  and  seconder,  is  then  appointed 
to  prepare  and  report  the  bill.  When  fiirst  presented  in 
the  house,  it  is  read  by  the  clerk  at  the  table,  for  the 
information  of  the  members.  A  bill  cannot  be  amended 
at  the  fijst  reading,  though  it  may  be  rejected ;  but  it  is 


32  PROCEEDINGS    IN    COMMITTEES, 

usually  allowed  to  pass  to  its  next  stage,  without  oppo- 
sition. After  having  received  a  second  reading,  the 
bill  is  commonly  committed;  that  is,  it  is  referred  to  a 
committee,  to  be  further  matured  previous  to  the  action 
of  the  house  upon  it. 

5.  When  a  bill  is  committed,  it  may  be  to  a  committee 
of  the  whole  house,  or  to  a  select  or  a  standing  commit- 
tee. If  to  a  committee  of  the  whole,  the  house  deter- 
mine on  what  day  they  will  go  into  committee  for  the 
purpose  of  considering  the  bill.  If  it  be  referred  to  a 
select  committee,  the  presiding  officer  commonly  ap- 
points the  committee,  but  any  member  may  nominate 
one  person  to  be  upon  it,  and  the  house  may  change  or 
modify  it  as  they  please.  It  is  usual  to  place  upon  the 
Committee  some  who  take  exceptions  to  the  details  of 
the  bill,  but  not  those  who  are  radically  opposed  to  its 
principles.  All  committees  have  a  right  to  choose 
their  own  chairman  to  preside  over  them,  and  report 
their  proceedings  to  the  house.  But  ordinarily,  by 
courtesy,  the  person  first  named  upon  a  committee  is 
allowed  to  act  as  chairman. 

6.  The  bill  or  other  paper  under  consideration  before 
a  committee,  may  be  one  originating  with  themselves, 
or  one  committed  to  them,  after  having  been  read  in 
the  house.  In  the  latter  case,  they  have  fuU  power  to 
modify  its  provisions,  though  they  cannot  change  its  sub- 
ject or  title.  When  the  committee,  whether  a  special 
or  a  standing  one,  or  a  committee  of  the  whole,  take  up 
the  bill,  it  is  first  read  throughout,  and  afterwards  by 
clauses,  which  are  considered  and  discussed  separately, 
in  their  order.  The  chairman,  as  they  proceed,  puts 
such  questions  as  are  proposed,  for  amendments,  by 
inserting  or  striking  out.  Where  the  bill  originates 
with  the  committee,  but  not  where  it  is  referred  to 
them,  the  question  is  taken,  at  the  close,  whether  they 
will  agree  to  the  bill,  as  a  whole,  as  it  then  stands.  In 
entering  their  arnehdments,  the  committee  do  not  make 
erasures  and  interlineations  in  the  bill  itself,  but  write 
down,  upon  a  separate  paper,  the  words  that  are  to  be 
omitted  or  inserted,  and  state,  by  reference  to  the  page, 


ORDER    OF    BUSINESS.  33 

line,  and  word  of  the  bill,  the  place  where  the  altera- 
tions are  to  be  made. 

7.  Having  completed  their  work,  the  committee  rise, 
and  the  chairman,  afterwards,  when  the  house  is  in 
session,  states  to  that  body,  tUat  the  committee  to 
whom  was  referred  such  a  bill,  have,  according  to 
order,  had  it  under  consideration,  and  have  directed 
him  to  report  it,  without  amendment,  or  with  amend- 
ments, as  the  case  may  be,  which  he  is  ready  to  do. 
If  the  house  signify  their  pleasure  to  hear  the  report 
presently,  he  reads  the  amendments,  if  any,  in  their 
proper  connection,  and  explains  the  alterations,  and  the 
reasons  of  the  committee  for  making  them.  He  then 
delivers  in  the  report  at  the  clerk's  table,  and  the  com- 
mittee, if  a  special  one,  having  now  performed  its  office, 
is  dissolved.  A  bill,  after  having  been  thus  reported, 
is  sometimes  recommitted,  and  usually  to  the  same 
committee,  whose  power,  for  that  purpose,  is  revived. 


CHAPTER  IX. 

ORDER  OF  BUSINESS  AND  DEBATE, 

1.  The  debate  upon  bills  and  other  matters,  at  their 
several  stages,  in  passing  through  the  house,  is  subject, 
as  to  its  course  and  extent,  to  certain  regulations  called 
parliamentary  rules.  Legislative  bodies  have  their  par- 
ticular standing  rules  of  proceeding,  which  are  com- 
monly printed  for  the  use  of  the  members.  To  pre- 
vent confusion  and  waste  of  time,  they  have  also,  as 
far  as  practicable,  an  established  arrangement  of  busi- 
ness, fixing  the  order  in  which  different  subjects  and 
kinds  of  business  shall  be  entitled  to  consideration. 
These  rules,  and  the  settled  course  of  proceedings,  can- 
not be  changed  or  dispensed  with,  except  in  the  pre- 
scribed mode. 

2.  It  is  the  duty  of  the  ^presiding  officer  to  preserve 


34  RULES    OF    DEBATE. 

decorum  in  the  house,  and  to  direct  its  proceedings  in 
such  manner  as  best  to  secure  the  regular  and  orderly 
despatch  of  business.  As  soon  as  he  has  taken  the 
chair,  and  called  the  house  to  order,  the  members 
all  sit  in  their  places.  "\Yhen  a  member  wishes  to 
speak  upon  a  question,  he  rises  in  his  place,  and  ad- 
dresses himself  to  the  speaker  or  president,  who  calls 
him  by  his  name,  that  the  house  may  know  who  is 
to  speak.  The  member  who  first  rises  and  addresses 
the  chair,  is  entitled  to  speak  first.  If  two  rise  nearly 
at  the  same  time,  the  presiding  officer  names  the  per- 
son who  shall  speak ;  but  if  the  house  are  dissatisfied 
with  his  decision,  they  may  have  the  question  put, 
which  member  was  first  up  ?  When  the  member  has 
finished  speaking,  or  is  called  to  order,  he  sits  down. 

3.  Questions  of  order  are  decided,  in  the  first  in- 
stance, by  the  chair,  from  whose  decision  there  is  an 
appeal  to  the  house.  The  presiding  officer  has  a  right 
to  speak  to  points  of  order,  and  to  be  heard  in  prefer- 
ence to  other  members;  but  he  is  restricted  from 
speaking  on  other  subjects,  except,  for  the  information, 
and  with  the  leave  of  the  house,  to  state  facts  within 
his  knowledge.  Regularly,  no  member  is  allowed  to 
speak  more  than  once  to  the  same  question,  or  to  the 
same  bill  at  any  one  reading,  unless  it  be  to  elucidate 
a  matter  of  fact,  or  to  make  some  material  explanation, 
or  the  like.  But  there  is  a  diversity,  on  this  point,  in 
the  rules  of  difierent  legislative  bodies. 

4.  The  member  speaking  is  to  confine  himself  to 
the  question  under  debate,  and  to  avoid  personalities. 
If  he  has  occasion  to  mention  a  member  present,  he 
should  not  call  him  by  his  name,  but  designate  him  by 
reference  to  the  place  he  represents,  to  his  seat  in  the 
house,  his  position  in  the  debate,  or  other  appropriate 
description.  It  is  not  in  Order  for  a  member,  in  debate, 
to  cast  reflections  upon  the  determinations  of  the  house, 
or  to  refer  to  any  thing  that  has  been  said  or  done  upon 
the  same  subject  matter,  in  the  other  house.  If  a 
member  be  called  to  order  for  words  spoken,  the  ex- 
ceptionable words  should  be  taken  down  in  writing, 


RULES    OF    DEBATE.  35 

that  the  presiding  officer  may  be  better   enabled  to 
judge  whether  they  are  disorderly. 

5.  When  a  motion  is  made,  it  is  not  in  the  posses- 
sion of  the  house,  until  it  has  been  seconded.  The 
motion  must  be  reduced  to  writing,  if  desired,  delivered 
in  at  the  table,  and  read  by  the  presiding  officer,  before 
it  can  be  debated,  or  the  question  taken  upon  it.  In 
voting  upon  a  question,  the  affirmative  side  is  first  put, 
and  then  the  negative.  Generally,  the  question  ffirst 
moved  and  seconded,  is  to  be  first  put.  But  in  filling 
up  blanks,  the  largest  sum  or  number,  and  the  longest 
time,  have  the  preference.  So,  where  a  motion  is 
made  to  strike  out,  or  to  insert  a  paragraph,  motions  to 
amend  it  are  put  before  the  vote  is  taken  on  striking 
out  or  inserting  the  whole  paragraph.  And  there  are 
some  other  cases  in  wliich  questions  growing  out  of 
the  matter  in  debate,  such  as  points  of  order,  and  the 
like,  are  to  be  decided  before  the  original  question. 

6.  There  are  also  certain  questions  which,  in  their 
order,  take  precedence  of- other  matters,  and  which  are 
called  privileged  questions.  Such  are  the  motion  to  ad- 
journ; for  the  orders  of  the  day;  for  the  previous 
question ;  to  lay  on  the  table  ;  to  postpone  indefinitely, 
or  to  a  day  certain ;  to  commit ;  and  to  amend.  The 
motion  to  adjourn  has  priority  over  all  others,  and  is 
always  in  order,  except  when  the  house  is  actually  en- 
gaged in  voting  upon  another  question.  So,  when  it 
appears  that  a  quorum  is  not  present,  any  member  may 
require  the  house  to  be  counted ;  and  if  it  be  found  de- 
ficient, business  cannot  proceed.  Next  to  the  motion 
for  adjournment,  a  motion  to  proceed  to  the  orders  of 
tJie  day,  is  entitled  to  the  preference,  and  if  it  be  car- 
ried, the  orders  are  read  and  proceeded  upon  in  their 
course. 

7.  The  moving  of  the  previmis  question  suspends  the 
further  discussion  of  the  main  question,  on  the  merits 
of  the  case.  The  question  from  the  chair  is,  "  shall  the 
main  question  be  now  put?"  and  if  this  be  decided  in 
the  affirmative,  the  main  question  is  put  immediately, 
and  no  member  can  speak  further  to  it.     A  vote  that 


36  ENACTMENT    OF    LAWS. 

the  main  question  be  not  now  put,  removes  the  whole 
subject  matter  from  under  the  consideration  of  the 
house  for  that  day.  This  kind  of  question  was  de- 
signed to  suppress  the  useless  or  unseasonable  discus- 
sion of  a  subject;  but,  in  practice,  it  is  sometimes 
abused  to  the  purpose  of  stifling  the  freedom  of  de- 
bate. A  vote  to  postpone  indefnitely,  disposes  of  the 
proposition  for  that  session.  When  a  matter  is  laid  on 
the  table,  it  may  be  called  up  at  any  time,  but  frequently 
such  a  disposition  of  a  subject  is  tantamount  to  a  refu- 
sal of  the  house  to  act  upon  it. 

8.  Amendments  va^j  be  proposed  of  such  a  nature 
as  materially  to  change  the  character  of  a  bill  or  pro- 
vision, and  this  is  sometimes  done  in  order  to  render  it 
odious  to  its  former  supporters.  So  also  the  whole  of 
a  bill,  after  the  enacting  words,  may  be  struck  out,  and 
a  new  bill  ingrafted  upon  them,  as  an  amendment  to 
the  original  bill.  A  vote  to  strike  out  the  enacting 
words  of  a  bill,  is  equivalent  to  its  rejection.  Upon  a 
motion  to  amend  by  inserting,  or  by  striking  out  a  par- 
ticular clause,  the  clause  should  be  made  as  perfect  as 
possible,  by  amendments,  before  the  question  is  taken 
for  inserting  or  striking  it  out.  For  if  it  be  determined, 
in  the  former  case,  to  insert,  and  in  the  latter,  not  to 
strike  out,  which  is,  in  effect,  to  retain,  the  clause  can- 
not be  amended  afterwards,  at  the  same  stage ;  the 
house  having,  by  their  vote,  agreed  to  it,  in  its  existing 
form. 


CHAPTER  X. 

THE    ENACTMENT    OF    LAWS. 


1.  Previous  to  its  passage,  every  bill  receives,  in 
each  house,  three  several  readings,  which,  regularly, 
should  be,  though  they  are  not  always,  upon  as  many 
different  days.     At  each  time,  the  clerk  reads  the  bill, 


ENACTMENT    OF    LAWS,  37 

and  then  hands  it  to  the  presiding  officer,  who,  rising, 
states  to  the  house  the  title  of  the  bill,  and  whether  it 
is  the  first,  second,  or  third  time  of  reading  it;  and 
also  states,  at  each  reading,  what  the  question  will  be. 
At  the  first  reading  the  question  is,  whether  the  bill 
shall  be  read  a  second  time  ?  But  if  opposition  be 
made  to  the  bill,  the  practice  sometimes  is,  to  put  the 
question,  "  shall  the  bill  be  rejected  ? "  The  question  at 
the  second  reading  is,  whether  the  bill  shall  be  com- 
mitted, or  shall  be  engrossed  and  read  a  third  time  ? 
At  the  third  reading  it  is,  whether  the  bill  shall  pass  ? 

2.  When  a  bill,  on  its  second  reading,  is  committed, 
and  the  committee  have  made  their  report  upon  it,  the 
report  lies  upon  the  table  until  it  suits  the  convenience 
of  the  house  to  take  it  up.  If  the  bill  was  reported 
with  amendments,  the  amendments  only  are  then  read 
by  the  clerk.  The  speaker  puts  the  question  upon 
each  of  the  amendments,  in  its  order,  until  the  whole 
have  been  rejected,  or  adopted,  either  in  the  forai  pro- 
posed by  the  committee,  or  as  amended  at  this  time. 
When 'all  the  amendments  of  the  committee  have 
been  disposed  of,  and  not  before,  it  is  in  order  for  mem- 
bers to  propose  amendments  to  the  body  of  the  bill. 

3.  In  like  manner,  if  the  bill  was  reported  by  the 
committee  tvithout  amendments,  or  if,  as  is  sometimes 
the  case,  at  its  second  reading,  it  is  not  referred  to  a 
committee,  but  is  considered  and  debated  by  the  house, 
in  the  first  instance,  it  is  taken  up  and  considered  by 
paragraphs,  the  presiding  officer  putting  the  question 
on  each  amendment  proposed,  in  its  order ;  and  in  these 
cases,  as  well  as  w^here  the  bill  has  been  reported  with 
amendments,  after  it  has  been  sufficiently  discussed, 
and  amended,  ,the  question  is  put,  whether  the  bill 
shall  be  read  a  third  time  ?  Amendments  proposed  at 
the  second  reading  of  a  bill,  are,  in  general,  required  to 
be  read  twice,  and  those  proposed  at  the  third  reading, 
to  be  read  three  times. 

4.  When  upon  its  second  reading,  a  bill  has,  by  the 
aid  of  amendments,  received  as  perfect  a  form  as  its 
friends  can  give  it,  those  fundamentally  opposed  to  the 

4 


38  ENACTMENT    OF    LAWS. 

bill  may  most  advantageously  exert  their  strength  to 
defeat  it.  If,  however,  it  pass  to  a  third  reading,  it  is 
then  engrossed;  that  is,  the  bill  in  its  perfect,  amended 
form,  is  copied  out  in  a  plain,  large  or  gross  hand,  upon 
paper  or  parchment.  But  that  is  not  required,  if  the 
bni  came  from  the  other  house,  as  in  that  case,  it 
always  comes  already  engrossed.  In  some  legislative 
bodies,  the  practice  is,  not  to  have  bills  engrossed  till 
after  the  third  reading,  in  order  that  amendments  may 
be  made  at  that  reading,  which,  otherwise,  could  not 
be  done  without  marring  and  disfiguring  the  engrossed 
copy. 

5.  At  the  third  reading  a  bill  is  sometimes,  though 
rarely,  committed ;  but  where  it  has  been  previously 
engrossed,  amendments  which  occasion  erasures  and 
interlineations,  and  thereby  render  the  bill  suspicious, 
are  admitted,  at  this  stage,  with  great  reluctance. 
Sometimes,  when  an  important  provision  has  been 
omitted,  rather  than  alter  the  bill  itself,  a  clause  en- 
grossed on  a  separate  piece  of  paper  or  parchment,  and 
called  a  rider,  is  attached  to  the  bill,  after  liaviHg  been 
read,  and  the  question  upon  it  put  three  times.  At 
this  reading,  the  bill  is  again  debated,  which  may  be 
done  more  effectually  than  at  the  previous  readings,  its 
supporters  and  its  opposers  having,  in  the  earlier  dis- 
cussions of  it,  become  acquainted  with  the  grounds 
taken  on  each  side,  and  this  being  the  time  which  is  to 
decide  finally  the  fate  of  the  bill. 

6.  The  debate  being  ended,  the  presiding  officer 
holding  the  bill  in  his  hand,  puts  the  question  for  its 
passage  by  saying,  "  as  many  as  are  of  opinion  that  this 
bill  shall  pass,  say  ay ; "  and  after  the  affirmative  voice 
is  expressed,  "  as  many  as  are  of  the  contrary  opinion, 
say  no.''  He  then  declares  whether  the  ayes  or  noes 
have  it,  if  he  be  himself  satisfied  on  which  side  is  the 
majority.  But  if  he  is  in  doubt,  or  his  decision  is 
questioned,  the  house  is  divided;  those  in  the  affirma- 
tive, and  then  those  in  the  negative,  are  counted,  by 
the  presiding  officer,  or  by  tellers,  and  the  vote  is  then 
declared  accordingly.     After  a  vote  has  been  passed, 


ENACTMENT    OF    LAWS.  39 

any  member  who  voted  with  the  majority,  may,  under 
certain'  Umitations,  move  for  a  reconsideration  of  it ; 
and  a  vote  taken  upon  such  a  motion  cannot  be  re- 
considered, but  is  final. 

7.  "When  a  bill  has  passed  in  the  house  in  which  it 
originated,  it  is  sent  to  the  other  house,  where  it  is 
taken  up,  receives  three  readings  in  like  manner,  and 
goes  through  substantially  the  same  processes  as  if  it 
had  originated  in  that  house.  The  bill  maybe  rejected 
in  the  house  to  which  it  is  sent,  or  it  may  be  passed 
either  without  or  with  amendments ;  and  in  the  last- 
named  case  it  is  returned,  with  the  amendments,  to  the 
house  in  which  it  originated.  The  amendments  are 
there  three  times  read,  and  the  house  either  concur  in 
them  or  disagree  to  them.  In  the  latter  event,  the  bill 
is  again  sent  to  the  other  house,  and  if  the  one  house 
insist  on  their  amendments  and  the  other  on  their  dis- 
agreement to  them,  after  a  certain  formal  course  of 
proceedings,  a  committee  of  conference  of  the  two 
houses  is  usually  appointed.  If  no  agreement  can 
finally  be  effected,  the  bill  is  lost. 

8.  After  a  bill  has  passed  both  houses,  it  is  common- 
ly enrolled  upon  parchment,  and  having  been  carefully 
examined  and  compared  with  the  engro^ed  bill,  by  a 
committee  of  each  house,  or  a  joint  committee  of  both, 
and  found  to  be  correct,  it  is  signed,  fii'st  by  the  speaker 
of  the  house  of  representatives,  and  afterwards  by  the 
president  of  the  senate.  The  bill  has,  in  general,  still 
another  ordeal  to  pass,  before  it  is  perfect.  By  the 
constitution  of  the  United  States,  and  those  of  most  of 
the  states,  it  is  provided  that  bills,  after  having  passed 
both  houses,  shall  be  presented  to  the  chief  magistrate 
for  his  approval;  and  for  this  purpose,  the  bill  is  ac- 
cordingly despatched,  as  soon  as  it  has  been  signed  by 
the  presiding  oflicers  of  the  tAVO  houses. 

9.  When  the  bill  is  laid  before  the  cliief  magistrate, 
if  he  approves,  he  signs  it,  and  by  message  announces 
the  fact  to  the  house  in  which  the  bill  originated ;  and 
that  house  informs  the  other.  If  he  disapproves,  he 
returns  the  biU,  with  his  objections,  to  the  house  in 


40  ENACTMENT    OF    LAWS. 

which  it  originated,  who  enter  the  objections  on  their 
journal,  and  proceed  to  reconsider  the  bill.  If  two 
thirds  of  all  the  members  present,  or  in  some  of  the 
states,  a  majority  of  all  the  members  elected  to  that 
house,  voting  by  yeas  and  nays,  agree  to  pass  the  bill, 
it  is  then  sent,  with  the  objections,  to  the  other  house, 
and  if  passed  in  like  manner  there  also,  it  becomes  a 
law.  If  the  bill  be  not  returned  by  the  chief  magis- 
trate within  a  specified  number  of  days  after  its 
presentation  to  him,  it  becomes  a  law,  unless  the  legis- 
lature, by  their  adjournment,  prevent  its  return. 

10.  The  bill  having  passed  through  its  several  stages, 
in  the  prescribed  form,  is  now  complete,  and  if  of  a 
public  nature,  it  becomes  a  part  of  the  law  of  the  land  ; 
and  all  persons  within  the  jurisdiction,  are  bound  to 
take  notice  of  it  accordingly.  Statutes,  regularly,  go 
into  effect  from  the  time  they  receive  their  final  ap- 
proval, unless  there  be  some  positive  provision  to  the 
contrary.  Hence  it  would  happen,  that  a  statute  might 
be  in  force  some  time  before  persons  in  remote  parts  of 
the  state  could  possibly  have  notice  of  its  existence 
as  a  law.  To  remedy  this  inconvenience  and  hardship, 
statutes  frequently  specify  a  fixture  day  on  which  they 
shall  go  into  operation ;  and  in  some  of  the  states  there 
is  a  general  provision  that  every  statute  in  which  no 
tune  is  expressly  declared  for  that  purpose,  shall  take 
effect  a  stated  number  of  days  after  its  final  approval. 
The  enrolled  bills,  when  passed  into  laws,  are  deposited 
in  the  office  of  the  secretary  of  state,  and  are  there 
preserved ;  and  copies  of  them  are  printed  for  the  pub- 
lic use. 


EXECUTIVE    DEPARTMENT.  41 

I 

CHAPTER  XI 

THE  EXECUTIVE  DEPARTMENT. 

1.  The  executive  power,  in  all  the  state  govern- 
ments, is  vested  in  a  governor,  who  is  chosen  by  the 
qualified  voters  of  the  people,  except  in  the  states  of 
New  Jersey,  Virginia,  and  South  Carolina,  in  which  he 
is   elected  by  the  two   houses  of  the   legislature,  by 

joint  ballot;  both  voting  together,  that  is,  as  one  body. 
In  the  New  England  states,  the  person  having  a 
majority  of  the  votes,  or  a  greater  number  than  all 
other  candidates  together,  is  chosen ;  in  the  other 
states,  a  plurality  elects,  or  the  person  having  a  greater 
number  of  votes  than  any  one  other  candidate,  is 
deemed  to  be  chosen.  If  no  person  have  the  required 
number  of  votes,  the  senate  and  house  of  represen- 
tatives, generally  by  a  joint  vote,  choose  a  governor  out 

,  of  two  or  more  of  the  candidates,  having  the  greatest 
number  of  votes. 

2.  A  majority  of  the  state  constitutions  provide, 
that  the  governor  shall  be  a  citizen  of  the  United 
States.  Nearly  aU  of  them  require  that  he  shall  have 
resided  a  certain  number,  varying  from  two  to  ten  years, 
within  the  state  for  which  he  is  chosen;  and  also  that 
he  shall  be  of  a  certain  age,  which  is  fixed,  for  the  most 
part,  at  thirty,  rarely  at  thirty -five  years.  In  a  few  of 
the  states,  a  property  qualification  is  required.  In  the 
New  England  states  and  New  Jersey,  the  governor  is 
chosen  for  one  year;  in  all  the  others,  for  two,  three*  or 
four  years.  He  is  uniformly  paid  for  his  services  by  a 
fixed  annual  salary. 

3.  In  the  states  of  Maine,  New  Hampshire,  Mas- 
sachusetts, Virginia,  and  North  Carolina,  there  is  a 
council,  consisting  of  from  tliree  to  nine  persons,  chosen, 
in  New  Hampshire,  by  the  people,  in  the  other  states, 
by  the  legislatures,  by  joint  ballot.     They  hold  regular 

4* 


42  EXECUTIVE    DEPARTMENT. 

sessions,  the  governor  presiding,  to  deliberate  upon 
matters  coming  before  the  executive,  and  their  advice 
and  consent  are  required  in  the  performance  of  many 
of  the  duties  of  that  department.  In  some  of  the  other 
states,  the  senate  discharge  a  part  of  the  appropriate 
functions  of  a  council;  such  as  confirming  the  nomina- 
tions of  public  officers.  When  appointments  are  to  be 
made  with  the  approbation  of  the  council  or  senate, 
the  goveriior  nominates  to  that  body  the  candidates  he 
proposes,  and  at  some  future  day,  they  decide  by  vote 
whether  or  not  they  will  advise  and  consent  to  the 
appointment. 

4.  The  duties  of  the  governor  are  various.  In  a 
majority  of  the  states,  he  has  a  qualified  negative  upon 
the  passage  of  laws,  whereby  he  may  defeat  them, 
unless  afterwards  repassed  by  the  required  majority  in 
both  houses.  He  is  to  see  that  all  laws  in  force  are 
faithfully  executed.  He  is  commander  in  chief  of  the 
military  forces  of  the  state.  Either  by  himself,  or  with 
the  advice  of  the  council  where  there  is  such  a  body, 
or  of  the  senate  in  some  of  the  other  states,  he  ap- 
points various  state  officers;  and  he  signs  all  commis- 
sions that  are  issued  in  the  name  of  the  state.  He, 
"^vith  the  council,  if  any,  is  usually  empowered  to  grant 
reprieves  and  pardons  after  conviction  of  the  offisnder, 
except  in  cases  of  impeachment.  It  is  his  duty  to 
communicate  to  the  legislature,  at  every  session,  the 
condition  of  the  state,  and  to  recommend  to  their  con- 
sideration such  matters  as  he  shall  judge  expedient; 
and,  in  general,  he  is  authorized  to  convene  the  legis- 
lature on  extraordinary  occasions. 

5.  In  about  half  of  the  states,  there  is  a  lieutenant 
gcfvernor,  who,  for  the  most  part,  by  virtue  of  his  office, 
presides  in  the  senate,  but  has  only  a  casting  vote; 
that  is,  he  is  entitled  to  vote  only  when  the  senate  are 
equally  divided.  The  principal  design  of  the  office  of 
lieutenant  governor  is,  that  there  may  be  some  one 
already  appointed,  to  perform  the  duties  of  governor, 
in  case  that  place  should  become  vacant  during  the 
regular  term.     In  the  event  of  a  vacancy  in  the  office 


EXECUTIVE    DEPAETMENT.  43 

of  govemor,  or  of  governor  and  lieutenant  governor 
also,  w^here  the  latter  office  exists,  it  devolves  usually 
upon  the  president  or  speaker  of  the  senate,  and  next 
to  him,  upon  the  speaker  of  the  house  of  representa- 
tives, to  discharge  the  duties  of  governor,  until  one  is 
chosen. 

6.  In  each  state  there  is  a  secretary  of  state,  com- 
monly elected  by  joint  ballot  of  the  two  houses  of  the 
legislature.  The  secretary  has  the  custody  of  all 
public  records  and  documents,  particularly  of  the  acts, 
resolutions,  and  orders  of  the  legislature.  He  is  bound 
to  keep  a  fair  register  of  the  acts  and  proceedings  of 
the  executive,  and,  when  required,  to  lay  iif  before 
either  branch  of  the  legislature ;  and  to  perform  such 
other  duties  as  are  enjoined  upon  him  by  law.  He 
usually  attests  or  countersigns  commissions  and  other 
instruments  issuing  in  the  name  of  the  state,  cer- 
tifies copies  of  records  and  papers  in  his  office,  and 
keeps  the  seal  of  the  state  and  affixes  it  to  such  docu- 
ments as  require  it;  though  sometimes  the  governor  is 
intrusted  with  the  sole  custody  and  use  of  the  state 
seal. 

7.  Each  state  has  also  a  treasurer,  who  is  chosen, 
almost  invariably,  by  joint  vote  of  the  two  branches  of 
the  legislature,  and  whose  business  it  is  to  receive  and 
to  disburse  all  moneys  belonging  to  tlie  state.  It  is 
usually  provided  that  no  money  shall  be  drawn  from 
the  treasury  except  under  the  proper  warrant,  and  in 
consequence  of  appropriations  made  by  law.  An  accu- 
rate account  of  the  receipts  and  expenditures  of  the 
public  money,  is  required  to  be  published  annually,  or 
at  other  specified  times.  The  treasurer  gives  bond, 
with  sureties,  in  such  manner  as  is  prescribed  by  law, 
conditioned  for  the  faithful  discharge  of  his  official 
duties.  The  public  standard  weights  and  measures  are 
commonly  kept  in  the  treasury. 


44  JUDICIAL    DEPARTMENT. 

CHAPTER  XII 

THE     JUDICIAL     DEPARTMENT. 

1.  To  the  judicial  power  it  belongs  to  expound  and 
enforce  the  laws.  As  laws  are  established  to  be  the 
rules  of  action,  they  ought  to  be  expressed  in  the  most 
clear  and  intelligible  form.  But  from  the  imperfection 
of  language,  and  sometimes  also  from  the  want  of 
sufficient  care  on  the  part  of  legislators,  it  happens  that 
statute  laws  are  seldom  so  happily  framed  as  to  admit 
of  but  a  single  interpretation,  and  that  a  plain  and 
obvious  one.  Cases  often  occur,  too,  such  as  were  not 
within  the  contemplation  of  the  legislature;  and  the 
application  of  the  law  to  such  cases  is  sometimes  not  a 
little  difficult.  Laws  w^ould  be  very  inadequate  to  the 
purpose  for  which  they  are  designed,  were  there  not 
some  tribunal  competent  to  decide  authoritatively  upon 
their  meaning  and  application,  and  clothed  with  power 
to  enforce  and  effectuate  its  decisions. 

2.  It  is  necessary,  also,  in  governments,  which  like 
ours  are  administered  in  subordination  to  written  con- 
stitutions, that  there  should  be,  somcAvhere  in  the  state, 
a  power  to  tiy  the  laws  by  the  standard  of  the  consti- 
tution, under  which  they  profess  to  be  made.  This 
authority  to  test  the  constitutionality  of  laws,  resides  in 
the  courts  of  justice.  It  is  the  right  and  duty  of  the 
judicial  power  in  each  state,  to  declare  null  and  void 
every  act  of  its  legislature  made  in  violation  of  any 
provision  of  its  own  constitution,  or  of  the  constitution 
of  the  United  States,  whenever  such  act,  being  capable 
of  a  judicial  investigation,  is  brought,  in  due  form, 
before  the  proper  court.  And  the  decision  of  the  high- 
est judicial  court  of  any  state,  upon  questions  touching 
its  own  constitution  merely,  and  in  some  other  cases, 
or  of  the  supreme  court  of  the  United  States  upon 
questions  regularly  before  it,  is  conclusive. 


JUDICIAL    DEPARTMENT.  45 

3.  B'esides  the  law  that  has  been  expressed  in  the 
form  of  statutes,  or  legislative  acts,  there  is  much  which 
has  never  been  imbodied  in  any  code,  or  declared  by 
any  legislature.  This  is  no  other  than  the  unwiitten, 
or  as  it  is  called,  the  common  law  of  England,  consist- 
ing of  a  collection  of  principles,  usages,  and  rules  of 
action,  which  have  grown  into  force  gradually,  as  laws, 
without  any  legislative  interposition.  This  common 
law,  so  far  as  it  was  applicable  to  the  circumstances  of 
their  situation,  our  colonial  ancestors  brought  with  them 
from  the  mother  country ;  and  where  it  has  not  been 
altered  by  statute,  it  still  exists  in  its  full  vigor.  Cases 
which  depend  upon  the  common  law,  are  to  be  decided 
by  reference  to  legal  principles,  and  on  ihe  authority  of 
judicial  decisions,  if  any  exist  that  are  applicable ;  and 
it  belongs  to  the  courts,  in  such  cases,  to  declare  what 
the  law-  is. 

4.  The  highest  judicial  court  of  each  state,  denom- 
inated commonly  a  supreme  court,  is  that  before  which, 
in  general,  all  questions  of  law  may  be  broijght  for 
final  decision.  When  sitting  as  a  full  court,  its  business 
is  chiefly  to  hear  arguments  preparatory  to  the  decision 
of  law  questions.  The  opinions  of  the  judges  are 
afterwards  drawn  up  by  themselves,  and  are  read  in 
court ;  and  the  decision  of  each  case  is  according  to  the 
opinion  of  a  majority  of  the  judges.  Usually,  in  prac- 
tice, the  opinion  of  the  w^hole,  or  of  the  major  part  of 
the  judges,  is  delivered  by  some  one  of  their  number, 
as  tJie  orpinion  of  the  court.  When  there  exists  a  differ- 
ence of  opinion  among  them,  those  in  the  minority 
sometimes  dehver  dissenting  opinions.  The  decisions 
of  the  highest  court,  thus  made,  are  published  under 
the  name  of  Reports,  and  are  binding  as  precedents  in 
all  subsequent  cases  of  a  like  character. 

5.  The  inferior  courts,  which  are  known,  in  the 
different  states,  by  various  names,  such  as  courts  of 
common  pleas,  circuit,  district,  or  county  courts,  are 
principally  employed  in  trying  matters  of  fact,  with  the 
assistance  of  a  jury.  In  most  of  the  states,  the  indi- 
vidual judges  of  the  highest  court  also  sit  for  the  trial 


46  JUDICIAL    DEPARTMENT. 

of  jury  cases.  Questions  of  law,  arising  before  inferior 
courts,  or  before  a  single  judge,  at  such  trials,  are 
determined,  for  the  time  being,  by  the  court  or  judge, 
but  subject  to  revision  by  a  higher  court,  or  by  all  the 
judges,  as  the  case  may  be.  Justices  of  the  peace  have 
jurisdiction,  within  their  own  counties,  of  cases  of  small 
magnitude,  and  are  authorized  to  hold  courts  for  the 
trial  of  such  cases ;  and  from  their  decisions,  usually, 
an  appeal  hes  to  a  higher  tribunal.  Justices  of  the 
peacp,  as  well  as  all  judges,  are  likewise  conservators 
of  the  peace. 

6.  Besides  the  courts  of  laiv,  properly  so  called,  there 
are  courts  of  chancery  or  equity,  which  in  some  of  the 
states  are  a  distinct  organization,  while  in  others  the 
judges  of  the  highest  court  of  law  are  invested  with 
the  exercise  of  chancery  powers.  Courts  of  equity  sit 
without  a  jury,  the  questions  that  come  before  them 
being  decided  by  the  judges.  Their  decisions,  how- 
ever, do  not  proceed  on  their  own  arbitrary  notions  of 
the  abstract  right  or  justice  of  each  particular  case ;  for 
these  courts,  as  well  as  others,  are  bound  by  authority 
and  precedents.  But  they  are  governed  by  rules  pecu- 
liar to  themselves,  which  enable  them  oftentimes  to  do 
more  full  and  complete  justice,  and  to  furnish  remedies 
and  afford  relief  in  cases  w^hich  could  not  be  reached 
by  the  ordinary  processes  of  courts  of  law,  following 
their  own  cours6  of  proceedings.   • 

7.  There  are  also  courts  of  probate,  usually  one  for 
each  county.  These  are  held  by  a  judge  of  probate,  or 
as  he  is  called  in  some  of  the  states,  a  surrogate,  or  a 
register  of  ivills.  The  register  of  probate  is  the  officer 
wiio  records  the  decrees,  orders,  and  proceedings  of  the 
court,  and  assists  in  the  transaction  of  its  business.  It 
is  the  office  of  courts  of  probate  to  take  the  probate  or 
proof  of  Avills,  presented  to  them  for  approval,  to  grant 
administration  of  the  estates  of  persons  deceased,  and 
to  appoint  guardians  for  minors  and  others,  in  the  cases 
prescribed  by  law.  They  have  jurisdiction  of  all  mat- 
ters relating  to  the  settlement  of  estates,  and  to  the 
interests  of  persons  under  guardianship.     From  their 


ORGANIZATION    OF    COURTS.  47 

decisions  an  appeal  lies  to  sucli  other  court  as  is  desig- 
nated by  law.  In  some  of  the  states,  the  courts  per- 
forming a  part  or  all  of  the  duties  in  question,  are 
called  orphans'  courts. 


CHAPTER  XIII 

THE    ORGANIZATION    OF    COURTS. 

1.  The  term  court  is  used  in  various  significations 
A  court  has  been  defined  to  be  a  place  where  justice  is 
judicially  administered.  Sometimes  the  word  is  em- 
ployed to  designate  the  judges  alone,  as  contradistin- 
guished from  the  jury.  In  another  sense,  the  judges, 
clerk,  attorneys,  and  ministerial  officers,  are  said  to  con- 
stitute the  court.  It  is  in  this  last  acceptation  that  the 
term  is  to  be  understood,  in  speaking  of  the  organiza- 
tion of  courts,  and  of  their  several  constituent  parts. 
The  particular  duties  and  offices  of  different  courts  are 
usually  marked  out  and  assigned  by  statute  provisions. 
For  the  most  part  the  jurisdiction  in  both  civil  and  crim- 
inal cases,  is  distributed  among  the  same  courts  :  but 
sometimes,  and  especially  in  cities  and  large  towns, 
there  are  courts  established  exclusively  for  the  cogni- 
zance of  criminal  matters. 

2.  The  judges  are  the  officers  who  preside  in  the 
court,  direct  its  proceedings,  and  determine  all  questions 
of  law  that  arise.  The  highest  court  in  each  state  con- 
sists, usually,  of  three,  four,  or  five  judges,  and  for  the 
final  decision  of  law  questions,  they  all,  or  a  majority  of 
them,  sit  together  For  the  purpose  of  hearing  jury 
trials,  courts  are  held  by  a  single  judge  of  the  highest  court, 
either  alone,  or  assisted  by  county  judges ;  and  also  by 
judges  of  inferior  courts,  having  jurisdiction  throughout 
the  state,  or  more  commonly  by  a  presiding  judge  for 
each  circuit  or  district,  with  assistant  county  judges. 
Courts  of  chancery,  where  they  exist  as  a  separate  or- 


48  ORGANIZATION  OF    COURTS. 

ganization,  are  usually  held  by  a  single  individual,  called 
a  chancellor. 

3.  Judges  are  appointed,  in  some  of  the  states,  by  the 
governor,  with  the  advice  of  the  council  or  senate  ;  in 
others,  they  are  chosen  by  joint  ballot  of  the  two  branches 
of  the  legislature,  and  in  Mississippi,  by  the  people. 
In  some  of  the  states,  they  hold  their  office  during  good 
behavior;  in  others,  by  the  same  tenure, but  are  disqual- 
ified at  a  certain  age ;  while  in  others  still,  they  are  ap- 
pointed for  a  stated  number  of  years.  The  salaries  of 
judges  are  fixed  by  law,  and  to  secure  the  indepen- 
dence of  the  incumbents,  there  is,  in  a  majority  of  the 
states,  a  provision  that  their  salaries  shall  not  be  di- 
minished during  their  continuance  in  office.  Justices  of 
the  peace  are  appointed,  sometimes  by  the  governor, 
with  the  approbation  of  the  council  or  senate,  but  in 

,  many  of  the  states,  they  are  chosen  by  the  people. 
They  are  paid  by  fees^  and  hold  their  office  for  a  term 
of  years. 

4.  Attorneys,  and  counsellors,  are  officers  of  the  court, 
by  which  they  are  admitted  to  practice  after  having 
passed  through  a  prescribed  course  of  preparation. 
Their  business  is  to  assist  the  parties  in  the  prelimi- 
nary stages  of  legal  proceedings ;  to  prepare  the 
pleadings,  or  written  allegations,  in  the  case ;  and  to 
manage  suits  in  court,  unless  the  parties,  as  they  are 
permitted  to  do,  appear  and  conduct  their  own  causes 
in  person.  Each  state  has  usually  an  attorney  general, 
whose  duty  it  is  to  appear  in  behalf  of  the  state,  and 
prosecute  and  conduct  suits  in  which  the  state  is  con- 
cerned; and  also  to  give  his  advice  on  questions  of 
law,  when  required  by  the  executive,  or  other  officers 
of  the  government.  There  are  likewise  district  attoryieys, 
or  county  solicitors,  who  assist  the  attorney  general,  and 
except  in  cases  of  great  importance,  for  the  most  part 
manage  the  actions  of  the  state  within  their  respective 
districts  or  counties. 

5.  The  clerks  of  the  court  are  appointed  commonly 
by  the  judges,  sometimes  by  the  legislature.  The  clerk 
has  the  custody  of  the  seal  of  the  court,  and  it  is  his 


ORGANIZATION    OF    COURTS.  49 

duty  to  sign  and  seal  all  writs,  and  pi'ocess,  or  compul- 
sive written  orders,  issuing  from  the  court.  He  is  also 
required  to  attend  the  court,  during  its  sittings,  to 
record  its  proceedings  and  judgments.  These  and 
other  records,  together  with  all  papers  and  documents 
used  in  court  in  the  course  of  legal  proceedings,  it  is  the 
duty  of  the  clerk  to  preserve  in  his  office,  which  is  at 
the  shire  toicn  of  the  county,  or  place  where  the  courts 
are  held,  and  is  usually  kept  open,  for  the  public  con- 
venience. The  clerks  of  courts  are  compensated  for 
their  services  by  fees  ;  and  they  are  required  to  give 
bonds  for  the  faithful  performance  of  their  duties. 

6.  There  is  usually  a  person  appointed  under  the  au- 
thority of  the  state,  either  by  the  governor  or  legisla- 
ture, or  by  the  judges  of  the  highest  court,  to  report  the 
decisions  of  that  court,  when  sitting  for  the  determina- 
tion of  questions  of  law.  The  reporter  attends  the  sit- 
tings of  the  court,  and  takes  minutes  of  the  proceed- 
ings, at  the  argument  of  each  case,  from  which,  and 
from  the  papers  in  the  case,  he  draws  up  a  brief  state- 
ment of  the  facts  and  evidence,  and  adds  commonly  an 
abstract  of  the  arguments  of  counsel.  These  serve  as 
an  introduction  to  the  opinion  and  decision  of  the  court, 
a  copy  of  which  is  furnished  to  the  reporter  by  the  judges, 
and  the  whole  together  makes  up  what  is  called  a  report 
of  the  case.  Sometimes  the  reports  of  decisions  are 
prepared  for  the  press  by  the  judges  themselves. 

7.  The  ministerial  officers  of  the  court  are  those  who 
execute  its  mandates  and  serve  its  process.  Each 
cQunty  has  a  sheriff,  whose  duty  it  is,  either  himself 
or  by  his  deputies,  to  execute,  within  his  county,  all 
writs  and  process  issuing  from  the  judicial  tribunals  of 
the  state,  and  directed  to  such  sheriff,  or  his  deputy. 
Sheriffs  are  appointed  by  the  governor,  with  the  advice 
of  the  council  or  senate,  or  are  chosen  by  the  qualified 
voters  of  their  respective  counties,  and  they  hold  their 
office  for  a  term  of  years.  They  give  bonds  for  the 
faithful  discharge  of  their  duties,  and  are  responsible, 
civilly,  for  the  official  conduct  of  their  deputies,  whom 
they  are  authorized  to  appoint,  and  who,  in  fact,  perform 

5 


50  ORGANIZATION    OF    COURTS. 

a  large  part  of  the  duties  of  the  office.  Both  the  sheriffs 
and  deputies  are  paid  by  fees.  During  the  sittings  of 
the  courts,  the  sheriff  attends  in  person,  with  some  of 
his  deputies,  to  maintain  order  in  and  about  the  court- 
house, and  to  execute  the  commands  of  the  court. 

8.  Coroners,  of  whom  there  are  several  in  each  county, 
are  appointed  much  in  the  same  way  as  sheriffs.  In 
some  states,  at  least,  they  are  authorized,  within  their 
respective  counties,  to  sei-ve  all  writs  and  precepts,  and 
to  perform  all  other  duties  of  the  sheriff,  where  the'lat- 
ter  is  a  party  or  interested  in  the  case,  and  also  where 
the  office  of  sheriff  is  vacant.  Coroners  act  too,  in 
part,  in  a  judicial  capacity,  it  being  their  duty  to  hold 
inquests  over  the  bodies  of  persons  supposed  to  have 
come  to  a  violent  death.  For  this  purpose,  they  assem- 
ble a  jury,  who  being  sworn,  upon  inspection  of  the 
dead  body,  and  after  hearing  the  testimony  of  witnesses, 
if  any,  draw  up  and  subscribe  their  inquisition,  or 
statement  of  the  result  of  their  investigation,  setting 
forth,  as  nearly  as  they  have  been  able  to  ascertain 
them,  the  time,  manner,  and  circumstances  of  the  death. 

9.  Constables  are  commonly  elected  by  the  people  of 
towns.  They  are  bound  to  obey  all  warrants  and  pre- 
cepts regularly  directed  to  them  by  sheriffs,  coroners, 
justices  of  the  peace,  or  the  selectmen,  or  chief  magis- 
trates of  their  town ;  and  they  are  authorized,  in  some 
of  the  states,  to  serve  writs  and  process  within  their 
respective  towns,  in  civil  actions  of  small  magnitude. 
Both  sheriffs  and  constables  are  keepers  of  the  peace 
within  their  several  limits.  The  crier  of  the  court  is 
appointed  by  the  court,  and  it  is  his  duty  to  make  pub- 
lic proclamation  of  the  opening  and  adjournment  of  the 
court,  to  count  the  jurymen  as  they  are  called  over  by 
the  clerk,  to  perform  the  ceremony  of  calling  absent 
parties  to  come  into  court  and  maintain  or  defend  their 
suits,  and  the  like. 


CONSTITUTION    OF   JURIES.  51 


CHAPTER  XIV. 

THE     CONSTITUTION    OF    JURIES. 

1.  Juries  are  of  two  kinds,  grand  juries,  snad  petit  or 
traverse  juries ;  whose  duties  are  very  different.  The 
province  of  grand  juries  is  confined  to  preliminary  pro- 
ceedings, in  criminal  cases;  while  the  office  of  petit  ju- 
ries is  to  try  persons  duly  cha*rged  udth  the  commission 
of  crimes  or  offences,  and  to  determine  questions  of  fact, 
in  civil  actions.  The  persons  who  are  to  compose  both 
these  juries  are  selected  and  summoned  in  nearly  the 
same  way,  but  each  expressly  for  his  own  office.  The 
particular  mode  in  which  this  is  done  is  usually''  pre- 
scribed by  statute,  but  the  process  is  substantially  as 
follows. 

2.  A  sufficient  time  before  the  sitting  of  the  court,  at 
which  the  jurors  are  to  attend,  there  issues  from  the 
clerk's  office  a  writ  or  precept  called  a  venire  facias,  or 
simply  a  venire,  Avhich  is  a  command  to  cause  to  come 
such  a  number  of  men,  qualified  to  serv^e  as  jurors,  at 
a  time  and  place  specified  in  the  precept.  The  whole 
number  of  jurors  to  be  returned  at  any  court,  is  appor- 
tioned among  the  several  towns  ^nd  places  within  the 
county  or  district  for  which  the  court  is  to  be  held,  as 
nearly  as  may  be  in  proportion  to  the  number  of  inhab- 
itants in  each.  And  in  order  that  the  duty  of  serving 
as  jurors  may  not  be  onerous  to  individuals,  there  is 
usually  provision  made  by  law,  that  the  same  person 
shall  not  be  required  to  serve  as  juryman  oftener  than 
once  in  a  stated  number  o^  years. 

3.  By  the  common  law  R^.ode,  the  venire  is  directed 
to  the  sheriff,  and  he  summons  the  jury.  This  method 
prevails  in  some  of  the  states  ;  in  others  the  practice  is 
different.  In  Maine,  Massachusetts,  Connecticut,  and 
New  Hampshire,  a  venire  issues  to  each  town  that  is 


52  CONSTITUTION    OF    JURIES. 

required  to  send  jurymen,  and  it  is  directed  to  a  consta- 
ble of  the  town,  but  in  New  Hampshire  to  the  town- 
clerk.  In  the  New  England  states,  at  least,  the  names 
of  those  who  are  to  serve  as  jurors  are  always  drawn 
from  a  box.  Usually  a  selection  is  made,  from  time  to 
time,  in  each  town,  of  a  sufficient  number  of  persons  who 
axe  deemed  qualified  to  serve  as  jurors,  and  their  names 
are  written  each  upon  a  separate  piece  of  paper,  and 
put  into  a  box.  From  this  Jury-box,  in  the  manner  and 
by  the  person  designated  by  law,  as  many  names  are 
drawn  out  as  are  equal  to  the  number  of  jurors  the  town 
is  required  to  return  at  that  court. 

•  4.  The  persons  thus  drawn  are  notified  of  their  ap- 
pointment, by  the  officer  to  whom  the  venire  was  direct- 
ed. He  then  returns  the  venire,  with  his  doings  upon 
it,  and  the  names  of  the  persons  who  have  been  chosen 
jurymen,  to  the  clerk's  office,  on  or  before  the  first  day 
of  the  term,  in  order  that  the  court,  in  organizing  the 
juries,  may  know  who  have  been  regularly  returned. 
If  both  grand  and  petit  jurors  are  to  be  appointed  for  the 
same  court,  the  return  of  the  officer  must  specify  which 
of  the  jurors  are  to  serve  in  one  capacity,  and  which  in 
the  other.  The  individuals  who  have  been  appointed 
and  warned,  are,  unless  prevented  by  some  weighty 
reason,  to  attend  at  the  time  and  place  directed,  on  pain 
of  incurring  such  penalty  as  is  prescribed  by  law. 

5.  When  the  venires  are  returned  into  court,  the  clerk 
makes  ,out  an  alphabetical  list  of  the  persons  chosen 
and  summoned  to  serve  as  jurors,  which  list  is  called 
di  panel.  Properly,  the  lexm.  panel  signifies  the  roll  or 
oblong  piece  of  paper  or  parchment,  containing  the 
names  of  the  jurors  who  have  been  summoned,  and 
their  places  of  abode,  which,  according  to  the  common 
law  method,  is  annexed  to  the  venire  and  returned  with 
it  into  court  If  a  sufficient  number  of  jurors  do  not  ap- 
pear, or  if,  at  any  time  during  the  term,  by  challenges 
or  otherwise,  the  panel  be  exhausted  before  a  full  jury 
is  completed,  the  court  may  order  what  is  called  a  tales 
de  circumstantibus,  which  is  an  order  to  the  sheriff  or 
other  officer,  to  return  from  among  the  bystanders,  or 


CONSTITUTION    OF    JURIES.  53 

from  the  county  at  large,  so  many  such  men,  that  is,  men 
possessing  the  like  qualifications  with  those  summoned 
on  the  first  panel,  as  will  supply  the  deficiency.  Jurors 
thus  selected  are  called  talesmen. 

6.  A  grand  jury  may  consist  of  any  number  of  men 
from  twelve  to  twenty-three  inclusive.  It  must  con- 
tain twelve  at  least,  because  the  concurrence  of  that 
number  is  required  in  order  to  put  a  party  accused  upon 
his  trial;  and  if  there  were  more  than  twenty-three, 
great  inconvenience  might  arise,  since  a  complete  jury 
of  twelve  might  concur  in.  finding  a  bill,  wHilean  equal 
or  greater  number  were  opposed  to  it.  The  persons 
who  have  been  summoned  to  serve  as  grand  jurors  be- 
ing in  attendance  in  court,  the  clerk,  from  his  list,  calls 
them  by  their  names,  and  as  many  as  are  present  an- 
swer to  the  call,  and  are  counted  by  the  crier.  The 
number  present  being  ascertained,  one  of  them  is  then 
appointed  by  the  court  to  serve  as  foreman  of  the  jury  ; 
but  in  some  states  they  are  permitted  to  choose  their 
own  foreman,  after  they  have  retired  to  their  room. 
The  jurymen  who  are  in  attendance,  but  not  exceed- 
ing twenty-three  in  number,  are  then  sworn  by  the 
clerk. 

7.  The  oath  is  administered  first  to  the  foreman,  if 
he  has  been  appointed,  and  is  in  the  following  terms : 
"  You,  as  foreman  of  this  inquest,  for  the  body  of  the 
county  of ,  do  swear,  that  you  Avill  diligently  in- 
quire and  true  presentment  make,  of  all  such  matters 
and  things  as  shall  be  given  you  in  charge,  or  otherwise 
come  to  your  knowledge,  touching  the  present  service ; 
the  commonwealth's  counsel,  your  fellows'  and  your 
own  you  shall  keep  secret ;  you  shall  present  no  one 
for  envy,  hatred  or  malice,  nor  shall  you  leave  any  one 
unpresented  for  fear,  favor,  affection,  or  hope  of  reward ; 
but  you  shall  present  all  things  truly,  as  they  come  to 
your  knowledge,  according  to  the  best  of  your  under- 
standing." The  other  grand  jurors  are  then  called, 
usually  a  part  at  a  time,  and  are  sworn  to  observe  the 
same  oath  which  the  foreman  has  taken.  If  the  fore- 
man has  not  been  appointed,  the  oath  is  first  adminis- 

5* 


54  PROCEEDINGS    IN    CIVIL    ACTIONS. 

tered  to  two  or  three  of  the  jurors,  and  then  the  rest 
are  sworn  to  its  observance. 

8.  A  petit  jury  regularly  consists  of  precisely  twelve 
men.  There  are  commonly  petit  jurors  enough  sum- 
moned to  constitute  two  juries,  in  order  that  while  one 
jury  are  deliberating  upon  a  cause,  the  other  may  be  in 
readiness  to  hear  any  other  cause  that  may  come 
before  the  court.  The  jurors  being  in  court  pursuant 
to  direction,  the  clerk,  from  his  list,  calls  over  their 
names.  The  first  twelve  in  order  upon  the  list  are  then 
sworn  and  empanelled  as  a  jury  for  the  trial  of  any 
civil  actions  that  may  come  before  them  during  the 
term;  and  in  like  manner  the  next  twelve,  if  there  be 
so  many.  A  foreman  of  each  jury  is  either  chosen  by 
themselves,  or  appointed  by  the  court.  The  supernu- 
merary  jaroYs,  if  any,  are  sworn,  and  are  kept  in  attend- 
ance, that  they  may  be  put  upon  either  of  the  juries, 
if  occasion  should  require.  In  criminal  trials,  a  jury 
must  be  sworn  and  organized  anew  for  each  case. 


CHAPTER  XV. 

PROCEEDINGS    IN    CIVIL    ACTIONS. 

1.  Civil  actions  or  suits  are  such  as  are  brought  to 
obtain  redress  for  private  wrongs,  or  civil  injuries;  and 
their  object  is  to  put  the  injured  party  in  possession  of 
the  right  of  which  he  has  been  deprived.  This  may 
be  effected,  either  by  a  specific  delivery  or  restitution  of 
the  article,  or  subject  matter  in  dispute,  to  the  rightful 
owner;  or,  where  that  cannot  be  done,  as  well  as 
where  it  would  be  an  inadequate  remedy,  by  making 
the  sufferer  a  pecuniary  compensation  in  damages. 
The  process  of  law  is  the  instrument  by  which  this  re- 
dress is  obtained ;  but  the  act  of  the  parties  is  necessary 
in  order  to  set  the  law  in  motion. 

2.  When  a  right  to  which  a  party  deems  himself 


PROCEEDINGS    IN    CIVIL    ACTIONS.  55 

entitled,  is  withheld  from  him,  and  he  would  resort  to 
the  aid  of  the  law  to  enforce  that  right,  he  usually  ap- 
phes  to  an  attorney,  to  institute  legal  proceedings  in 
the  matter.  The  instrument  most  commonly  employed 
for  this  purpose  is  called  a  ivrit.  The  attorney  pro- 
cures, at  the  clerk's  office,  blank  writs,  which  issue  in 
the  name  of  the  state,  are  sealed  with  the  seal  of  the 
court,  and  signed  by  the  clerk.  The  formal  parts  of 
the  instrument  are  printed,  with  blanks  left  for  insert- 
ing names,  dates,  and  the  cause  of  action ;  and  one  of 
these  blank  forms  is  filled  up  by  the  attorney  whenever 
he  has  occasion  to  make  a  writ. 

3.  In  its  form,  a  writ  is  a  mandatory  letter,  directed 
to  the  sheriff  of  the  county  or  his  deputy,  or  in  particu- 
lar cases,  to  a  constable  or  coroner,  commanding  him 
to  do  certain  acts.  These,  according  to  the  practice  in 
New  England,  generally  are,  to  attach,  to  a  given 
amount,  the  goods  or  estate  of  the  party  who  is  charged 
as  withholding  the  right,  or  as  guilty  of  the  injury,  and 
who  is  called  the  defendant,  and  to  summon  him  to  ap- 
pear at  court,  at  a  time  and  place  therein  named,  to 
answer  to  the  party  who  complains  that  his  right  is 
withheld,  or  violated,  and  who  is  styled  the  plaintiff. 
Then  follows  the  declaration,  or  statement  of  the  plain- 
tiff's cause  of  action,  reciting  the  contract,  or  other  duty 
or  liability  of  the  defendant,  and  his  breach  of  it,  and 
in  conclusion,  laying  the  damages  claimed  by  the 
plaintiff 

4.  The  writ  is  served  upon  the  defendant,  by  the 
officer,  sometimes  by  reading  it  to  him,  or  giving  him 
an  attested  copy  of  it;  but  in  the  form  which  is  Jn  most 
frequent  use,  there  is  a  separate  paper,  attested  in  the 
same  manner  as  the  writ,  and  called  a  summons,  which 
is  left  with  the  defendant,  informing  him  that  such  a 
suit  has  been  commenced  against  him,  and  directing 
him  to  appear  at  court.  Upon  the  back  of  the  writ 
itself  the  officer  enters  a  written  statement  of  his 
doings  in  the  matter,  which  is  called  his  return,  and 
which,  as  between  the  parties  to  the  action,  cannot  be 
controverted.     The  writ  must  be  served  a  certain  period 


56  PROCEEDINGS    IN    CIVIL    ACTIONS. 

of  time  before  the  first  day  of  the  court  to  which  it 
is  returnable,  and  on  that  day  the  officer  is  required, 
in  pursuance  of  a  command  expressed  in  it,  to  have  the 
writ  in  court. 

5.  The  clerk  receives  the  writs  and  puts  them  upon 
file  ;  and  all  those  which  have  not  already  been  settled 
by  the  parties,  are,  at  the  request- of  the  several  attor- 
neys by  whom  they  were  made,  entered  in  court  by 
the  clerk.  This  is  done  by  writing  the  names  of  the 
plaintiff  and  defendant  in  each  action,  and  numbering 
the  actions  consecutively,  in  a  blank  book,  ruled  and 
prepared  for  the  purpose,  denominated  a  docket.  The 
name  of  the  attorney  who  causes  the  action  to  be  en- 
tered, is  written  in  the  margin,  oj)posite  to  that  of  the 
plaintiff  After  the  docket  is  made  up,  the  attorney, 
if  any,  employed  by  the  defendant  to  appear  in  his  be- 
half, writes  his  name  upon  the  docket,  opposite  or 
underneath  the  name  of  the  defendant ;  which  is  called 
entering  an  appearance. 

6.  Early  in  the  term  the  docket  is  called  by  the 
court,  that  is,  the  names  of  the  parties  in  the  actions 
are  read  in  their  order  by  the  clerk,  who  minutes  upon 
the  docket  the  manner  in  which  each  action  is  dis- 
posed of  If  there  is  no  appearance  on  the  part  of  any 
defendant,  he  is  defaulted,  as  it  is  termed.  For  this 
purpose,  the  crier  makes  proclamation  for  the  defen- 
dant, calling  him  by  name,  to  come  into  court,  and 
answer  to  the  plaintiff,  or  his  default  will  be  recorded; 
and  if  he  do  not  appear,  either  personally  or  by  attorney, 
the  entry  of  default  is  made  upon  the  docket.  The 
rest  of  the  cases  are  marked  for  trial,  or  continued  to 
the  next  term,  or  otherwise  jiisposed  of,  as  the  attorneys 
of  the  parties  can  agree,  and  the  court  shall  direct. 
All  the  actions  of  which  no  final  disposition  is  made 
during  the  term,  are  continued,  and  go  to  form  the  old 
docket  for  the  next  term  of  the  court. 

7.  On  the  first  day  of  the  sitting  of  the  court,  the 
persons  who  have  been  summoned  to  serve  as  petit 
jurors,  are  in  attendance,  and  are  organized  into  juries 
for  the  trial  of  causes.     Such  a  jury  should  consist, 


PROCEEDINGS    IN    CIVIL    ACTIONS.  57 

uniformly,  of  twelve  men,  and  neither  party  is  obliged 
to  proceed  with  a  less  number.  But  that  is  occasion- 
ally done,  in  civil  actions,  by  agreement  of  the  parties, 
where  a  juror  is  sick,  absent,  or  the  like,  when  a  cause 
comes  on  for  trial.  Jurors  may  be  objected  to,  or  as  it  is 
termed,  challenged,  by  either  party,  for  cause  shown ; 
such  as  that  the  juror  is  wanting  in  the  requisite  quali- 
fications, or  is  unfitted  for  the  service  by  reason  of 
relationship  to  either  party,  or  by  interest,  partiality,  or 
other  sufficient  cause.  If  the  objection  is  sustained,  the 
juror  is  set  aside,  and  another  is  substituted  in  his  place. 

8.  The  office  of  a  jury,  in  civil  actions,  is  to  try 
issues  of  fact.  An  issue  is  some  specific  point  or  mat- 
ter, affirmed  on  the  one  side,  and  denied  on  the  other. 
This  issue  or  point  disputed  between  the  parties,  and 
mutually  proposed  and  accepted  by  them  as  the  sub- 
ject for  decision,  is  evolved  by  a  series  of  alternate 
alle'gations  on  the  one  side  and  the  other,  called  plead- 
ings, which  are  previously  drawn  up  in  writing  by  the 
attorneys  of  the  parties.  This  process,  however,  is 
greatly  simplified,  in  many  of  the  states,  by  statute 
provisions.  When  the  result  is  attained,  the  parties 
are  said  to  be  at  issue ;  and  the  question  so  set  apart 
for  decision  is  itself  called  the  issue.  If  it  be  an  issue 
or  question  of  law,  it  is  to  be  decided  by  the  court;  if 
an  issue  in  fact,  by  the  jury. 

9.  The  jury  are  sworn  Avell  and  truly  to  try  the 
causes  committed  to  them,  and  to  render  a  true  ver- 
dict according  to  law  and  the  evidence  given  them. 
They  are  to  take  no  matter  into  consideration  but  the 
question  in  issue ;  that  question,  and  that  alone  being 
before  them  for  trial.  They  are  bound  to  give  their 
verdict  for  the  party,  who,  upon  the  proof,  appears  to 
them  to  have  established  his  side  of  the  issue.  The 
burden  of  proof  is  regularly  upon  the  party  who  main- 
tains the  affirmative  of  the  issue,  a  negative  being,  in 
general,  incapable  of  proof;  and  consequently,  unless 
the  affirmative  is  made  out,  the  jury  are  to  consider 
the  negative  as  estabhshed,  and  are  to  give  their  ver- 
dict accordingly. 


58  TRIAL    OF    CIVIL    ACTIONS. 

10.  The  attendance  of  witnesses  at  court,  is  either 
vokmtary,  upon  the  request  of  the  parties,  or  it  is  en- 
forced by  causing  to  be  served  upon  them  a  summons, 
called  a  subpoena,  and  by  payment  of  their  fees.  The 
witnesses  when  called  at  the  trial,  are  sworn  to  declare 
the  truth,  the  whole  truth,  and  nothing  but  the  truth, 
relative  to  the  cause  in  hearing.  After  a  witness  has 
been  examined  by  the  party  who  offers  him,  which  is 
called  the  examination  in  chief,  he  may  be  examined  by 
the  opposite  party.  This,  which  is  styled  the  cross- 
examination,  is  designed  to  test  the  ability  and  willing- 
ness of  the  witness  to  tell  the  truth  ;  and  it  is  directed 
to  ascertaining  his  opportunity  and  capacity  to  acquire 
a  knowledge  of  the  facts  to  which  he  testifies,  his  powers 
of  memory,  his  situation  in  respect  to  the  parties,  and 
his  motives. 


CHAPTER  XVI. 

#  TRIAL    OF    CIVIL    ACTIONS. 

1.  The  whole  proceeding  of  trial  by  jury  takes  place 
under  the  direction  and  superintendence  of  the  presid- 
ing judge  or  judges,  in  this  connection  usually  denom- 
inated the  court.  It  is  the  duty  of  the  court  to  decide, 
for  the  time  being,  all  questions  that  arise  in  the  course 
of  the  trial,  respecting  the  competency  of  witnesses, 
and  the  admissibility  of  evidence;  and  to  direct  the 
jury  on  points  of  law,  so  far  as  is  necessary  for  their 
guidance  in  appreciating  the  legal  effect  of  the  evi- 
dence, and  drawing  from  it  the  proper  conclusions. 
But  as  questions  of  law,  at  the  trial,  must  be  decided 
upon  first  impression,  and  Avithout  opportunity  to  con- 
sult authorities,  there  is  commonly  some  provision  by 
which  exceptions  may  be  taken  to  these  summary 
rulings  of  the  court,  and  carried  to  a  higher  tribunal,  or 
to  the  fall  court,  to  be  decided  afterwards,  upon  delib- 
eration and  argument. 


TRIAL    OF    CIVIL    ACTIONS.  '  59 

2.  When  a  cause  comes  on  for  trial,  it  is  usually 
conducted  by  one  or  more  counsel  on  each  side.  The 
counsel  for  the  party  having  the  affirmative  of  the 
issue,  who  is  generally  the  plaintiff,  opens  the  cause  to 
the  jury,  by  reading  the  writ  and  pleadings,  or  stating 
the  substance  of  them.  He  next  gives  a  general  out- 
line of  the  case,  states  the  positions  he  proposes  to 
establish,  and  observes  upon  the  evidence  which  he 
intends  to  adduce  to  substantiate  them.  He  then  calls 
his  witnesses,  who  are  examined  and  cross-examined, 
and  also  produces  and  reads  to  the  jury  such  document- 
ary evidence  as  he  may  have,  which  he  wishes  to  put 
into  the  case. 

3.  The  counsel  upon  the  other  side  then  opens  the 
defence  and  states  the  nature  of  it,  and  produces  his 
evidence  to  support  it.  He  then  addresses  the  jury, 
and  goes  into  a  full  argument  of  the  case,  applying 
and  enforcing  his  own  evidence,  and  endeavoring  to 
meet  the  force  of  that  arrayed  against  him.  The 
counsel  of  the  opening  party  then  follows  in  reply,  in 
like  manner  commenting  upon  the  evidence  on  both 
sides,  and  answering,  as  best  he  may,  the  arguments 
advanced  by  the  opposite  party.  When  the  case  is 
closed,  on  both  sides,  the  judge  charges  the  jury;  that 
is,  he  states  to  them  what  are  the  real  points  of  dif- 
ference between  the  parties,  recapitulates,  sums  up, 
and  comments  upon  the  evidence,  and  explains  the 
principles  of  law  that  bear  upon  the  case,  and  the  man- 
ner of  their  application 

4.  The  cause  is  then  committed  to  the  jury,  who 
retire  to  deliberate  upon  it,  to  a  room  provided  for  the 
purpose,  in  the  custody  of  an  officer,  who  is  sworn  to 
keep  them,  and  to  suffer  no  one  else  to  speak  to  them, 
neither  to  speak  to  them  himself,  unless  to  ask  them 
whether  they  have  agreed.  The  jury  are  to  decide  the 
matter  upon  the  evidence  that  has  been  given  them  in 
court.  Any  fact  in  relation  to  it,  within  the  knowledge 
of  any  of  their  number,  cannot  be  received  by  them,  in 
the  jury-room;  but  in  such  a  case,  the  juror  may  be 
sworn  and  giv6  his  testimony,  like  any  other  witness, 


60  TRIAL    OF    CIVIL    ACTIONS. 

in  open  court.  Unless  sooner  discharged  by  order  of 
the  court,  the  jury  are  not  allowed  to  separate  until 
they  have  agreed  upon  a  verdict,  which  must  be  unani- 
mously given. 

5.  After  the  jury  have  decided  upon  their  verdict, 
they  come  into  court,  bringing  with  them  their  verdict, 
in  writing,  which,  if  not  correct  already,  is  then  put  into 
form,  and  is  signed  by  the  foreman.  The  verdict  is  next 
read  to  the  jury,  by  the  clerk,  who  asks  them  if  ihey 
agree  to  it,  and  any  juror  may  then  express  his  dissent; 
but  if  it  is  affirmed  by  them  all,  the  verdict  is  entered 
of  record.  The  finding  of  the  jury,  in  an  action  on  a 
contract,  for  example,  is,  when  for  the  plaintiff,  that 
"  the  defendant  did  promise  in  manner  and  form  as  the 
plaintiff  in  his  writ-  has  declared  against  him;"  and 
where  damages  are  claimed  by  the  plaintiff,  they  assess 
damages  at  such  a  sum  as  they  think  warranted  by  the 
evidence.  When  the  verdict  is  for  the  defendant,  they 
find  that  the  defendant  did  not  promise  in  manner  and 
form  alleged.  If  the  jury  cannot  agree,  or  are  prevented 
by  any  other  cause  from  giving  a  verdict,  the  case  goes 
over,  to  await  another  trial. 

6.  "When  a  case  has  been  decided  by  the  verdict  of 
a  jury,  on  matters  of  fact,  or  by  the  court,  on  matters  of 
law,  or  where  the  defendant  has  been  defaulted,  or,  as 
is  sometimes  done,  the  plaintiff  abandons  his  action  and 
becomes  nonsuited,  judgment  is  rendered  by  the  court 
for  the  prevailing  party.  When  given  for  the  defen- 
dant, the  judgment  usually  is,  that  he  recover  his  costs 
of  suit;  when  for  the  plaintiff,  that  he  recover  his 
damages,  or  recover  the  debt  or  subject  matter  de- 
manded, together  with  his  costs.  If  the  judgment  for 
damages  be  upon  a  verdict  of  a  jury,  it  is  for  such  sum 
as  was  assessed  by  the  jury.  In  other  cases  the  dam- 
ages are  generally  assessed  by  the  court,  or  in  practice, 
by  the  clerk,  upon  such  sufficient  evidence,  as  to  the 
amount,  as  the  plaintiff  may  produce. 

7.  The  costs  and  charges  of  suit,  to  which  the  pre- 
vailing party  is  entitled,  consist  of  certain  outlays  and 
aUowed  fees,  such  as  for  the  price  of  the  ^Tit,  service 


TRIAL    OF    CIVIL    ACTIONS.  61 

and  entry ;  for  travel  to  and  from  court,  and  attendance 
there  during  the  sitting  of  the  court,  by  the  party's 
attorney,  to  take  charge  of  the  suit;  for  travel  and 
attendance  of  witnesses,  and  various  other  items.  The 
party  himself  has  judgment  for  the  costs  in  his  own 
name,  but  they  or  a  sum  equal  to  them,  belong,  properly, 
to  the  attorney,  to  be  by  him  distributed  among  the 
several  persons  who  have  a  right  to  them,  as  the  sheriff, 
clerk,  witnesses,  and  the  attorney  himself  The  attor- 
ney is  entitled  to  receive  the  bill  of  costs  of  his  client, 
whether  he  be  able  to  collect  them  of  the  debtor  or 
not ;  the  right,  on  the  part  of  the  persons  employed,  to 
a  compensation  for  their  services,  not  depending  upon 
the  success  of  the  suit, 

8.  After  judgment  has  been  rendered,  the  prevailing 
party  is  entitled  to  an  execution  to  put  in  force  the  sen- 
tence that  the  law  has  given.  This  is  a  writ,  which 
issues  from  the  clerk's  office,  and  is  addressed  to  the 
sheriff  or  his  deputy,  commanding  him,  according  to  the 
nature  of  the  judgment  in  the  case,  to  give  the  plaintiff 
possession  of  the  subject  matter  of  the  action,  or  to 
collect  and  pay  over  to  the  plaintiff  the  amount  of  the 
debt  or  damages  and  costs  recovered,  or  to  the  defen- 
dant the  amount  of  his  costs,  out  of  the  property  and 
effects  of  the  opposite  party.  In  those  states  where 
imprisonment  for  debt  is  allowed,  the  officer  is  com- 
manded, for  want  of  finding  money,  goods,  and  chattels, 
to  the  acceptance  of  the  creditor,  to  commit  the  debtor 
to  prison. 

9.  If  the  execution  be  not  paid,  when  shown  to  the 
judgment  debtor,  or  party   against  whom  it  runs,  the 

sheriff  may  proceed  to  sell  such  of  his  property  as  he 
can  find,  and  as  is  needed  for  the  purpose.  Out  of  the 
proceeds,  he  satisfies  himself  for  his  fees,  pays  the 
amount  of  the  execution  to  the  creditor  or  his  attorney, 
and  returns  the  residue,  if  any,  to  the  debtor.  Where, 
as  in  New  England,  property  may  be  attached  at  the 
commencement  of  the  action,  or  as  it  is  called,  on  mesne 
process,  such  property  is  held  until  a  specified  time  after 
judgment  is  rendered  in  the  action,  to  answer  to  that 
6 


62  PROCEEDINGS    IN    CRIMINAL    CASES. 

judgment  in  case  the  plaintiff  shall  prevail  in  his  suit. 
The  term  mesne  process  is  applied  to  the  first  and  inter- 
mediate process  or  writs  in  an  action,  as  contradis- 
tinguished from  final  process,  which  is  the  writ  of 
execution. 

10.  When  the  execution  is  satisfied,  the  sheriff 
indorses  upon  it  a  statement  or  return  to  that  effect,  and 
then  returns  the  writ  to  the  court  from  which  it  issued, 
to  be  there  filed  away  in  the  clerk's  office,  together  with 
the  papers  and  documents  in  the  case,  and  preserved  as 
an  evidence  that  the  demand  to  which  it  relates,  has 
been  settled.  After  a  case  has  been  finally  disposed 
of,  the  clerk  makes  out  a  record  of  it,  which  is  a  brief 
history  or  abstract  of  the  proceedings  in  the  various 
stages  of  the  case,  from  first  to  last,  including  all  the 
orders  and  awards  of  the  court  in  reference  to  it.  These 
records  are  copied  into  substantially  bound  volumes, 
which  are  kept  and  preserved  in  the  clerk's  office  for- 
ever afterwards,  to  be  referred  to  when  occasion  may 
require. 


CHAPTER  XVII 

PROCEEDINGS    IN    CRIMINAL    CASES. 

1.  Under  our  laws,  there  is  a  provision  for  the  pre- 
vention of  crimes,  which  is  highly  salutary,  inasmuch 
as  preventive  justice  is  incomparably  better  than  punitive 
justice.  This  provision  consists  in  requiring  those  per- 
sons, whom  there  is  probable  cause  to  suspect  of  future 
misbehavior,  to  enter  into  an  obligation,  with  sufficient 
sureties,  to  the  state,  to  keep  the  peace  generally,  and 
especially  towards  the  person  who  makes  the  complaint, 
for  a  specified  term  of  time.  The  person  requesting 
the  security  must  make  oath  to  the  truth  of  the  com- 
plaint, and  this  is  called  swearing  the  peace  against 
another.     If  the  party  do  not  find  such  sureties  as  the 


PROCEEDINGS    IN    CRIMINAL    CASES.  63 

justice,  before  whom  the  matter  is  brought,  in  his  dis- 
cretion shall  require,  he  may  be  committed  to  prison  till 
he  does  furnish  them. 

2.  A  criminal  prosecution  is  the  means  adopted  to 
bring  to  justice,  by  due  course  of  law,  persons  suspected 
of  having  committed  crimes  or  offences.  Such  prose- 
cutions are  carried  on  in  the  name  of  the  state,  and 
have  for  their  principal  object  the  general  security  and 
happiness  of  the  community.  When  the  party  sus- 
pected is  at  large,  it  is  commonly  desirable,  in  the  first 
instance,  to  have  him  arrested  and  taken  into  custody. 
An  arrest,  in  criminal  cases,  is  the  apprehending  or 
detaining  of  the  person,  in  order  to  be  forthcoming  to 
answer  an  alleged  or  suspected  crime.  When  a  person 
is  to  be  arrested,  the  proper  and  only  safe  course,  where 
the  circumstances  of  the  case  will  admit,  is,  to  obtain 
the  authority  of  a  magistrate,  under  which  to  proceed. 

3.  For  this  purpose,  the  party  who  knows  or  sus- 
pects that  a  criminal  offence  has  been  committed, 
usually  goes  before  a  justice  of  the  peace,  and  states 
the  grounds  of  his  complaint.  The  justice  interrogates, 
upon  oath,  the  accuser  and  the  witnesses,  if  any  are 
produced,  in  relation  to  the  subject  matter.  The  com- 
plaint is  reduced  to  writing,  and  subscribed  by  the 
complainant.  Upon  this,  the  justice,  if  he  is  of  opinion 
that  there  is  sufficient  cause  for  instituting  proceedings, 
issues  a  ivarrayit,  in  the  name  of  the  state,  under  his 
own  hand  and  seal,  setting  forth  the  name  of  the  per- 
son to  be  apprehended,  if  known,  otherwise  giving  him 
the  best  description  the  nature  of  the  case  will  allow, 
and  reciting  the  substance  of  the  accusation. 

4.  The  warrant  is  directed  to  the  sheriff  or  his 
deputy,  or  to  a  constable,  or  other  peace  officer,  who  is 
bound  to  arrest  the  party,  if  found  within  his  precinct. 
The  order  may  be  either  general,  to  bring  the  party 
before  any  justice  of  the  peace  for  the  county,  or  spe- 
cial, to  bring  him  before  the  justice  only  who  granted 
the  warrant.  If  the  officer  succeeds  in  making  the 
arrest,  he  is  bound  to  carry  the  prisoner  immediately,  or 
as  soon  as  seasonably  may  be,  before  the  proper  magis- 


64  PROCEEDINGS    IN    CRIMINAL    CASES. 

trate  for  examination.  And  such  magistrate  is  required 
to  take  and  complete  the  examination  of  all  concerned, 
and  to  discharge,  bail,  or  commit  the  individual  accused, 
as  soon  as  the  nature  of  the  case  wiU  allow,  and 
within  a  reasonable  time. 

5.  The  complainant  and  his  witnesses  must  be  ready- 
to  confront  the  prisoner,  in  whose  presence  the  evi- 
dence must  always  be  given,  in  order  that  he  may  have 
the  advantage  of  cross-examining  them,  and  contradict- 
ing their  testimony.  The  party  accused  is  not  bound 
to  criminate  himself,  nor,  indeed,  to  answer  any  ques- 
tions ;  but  any  admissions  he  may  make,  will  ordinarily 
be  evidence  against  him,  on  his  trial.  His  examination, 
to  make  it  evidence,  should  not  be  taken  upon  oath,  the 
principle  being,  that  every  admission  of  the  prisoner,  to 
be  available  as  evidence,  must  be  purely  voluntary. 
Accordingly,  any  confession  obtained  through  improper 
influence,  whether  by  promises  or  threats,  however 
slight  the  inducement  may  have  been,  cannot  be  used 
as  evidence. 

6.  If,  upon  the  examination  of  the  whole  matter,  it 
manifestly  appears,  that  the  suspicion  entertained  of 
the  prisoner  was  wholly  groundless,  the  magistrate  may 
discharge  him.  But  if  he  is  of  opinion  that  the  party 
is  not  entitled  to  be  completely  discharged,  he  is  then, 
except  in  case  of  those  minor  offences,  for  which  he 
may  himself  try,  judge,  and  sentence  the  accused,  to 
determine  whether  he  shall  bail,  or  commit  him  to 
prison  for  safe  custody.  In  most  offences  of  inferior 
degree,  bail  must  be  received,  if  sufficient  security  be 
offered  ;  in  some  others  of  a  higher  grade,  it  may  be 
taken  or  refused,  in  the  discretion  of  the  magistrate ; 
while,  for  the  most  atrocious  crimes,  and  those  which 
are  punished  capitally,  no  bail  can  be  received  by  a 
magistrate.  Persons  charged  with  such  crimes,  it  has 
been  said,  have  no  other  sureties  than  the  four  walls  of 
the  prison. 

7.  Bail  is  defined  to  be  a  dehvery  or  bailment  of  a 
person  to  his  sureties,  upon  their  giving,  together  with 
himself,  sufficient  security  for  his  appearance  at  the 


PROCEEDINGS    IN    CRIMINAL    CASES.  65 

time  and  place  of  trial ;  he  being  supposed  to  continue 
in  their  friendly  custody  instead  of  going  to  prison.  If 
the  sureties  are  apprehensive  that  the  party  will  escape, 
they  may  surrender  him  to  the  justice  or  court,  and  dis- 
charge themselves  of  their  liability  If  there  appears 
probable  ground  to  suppose  that  the  accused  will  be 
tried  for  the  oflence,  it  is  the  duty  of  the  magistrate,  to 
take  from  such  of  the  witnesses  before  him,  at  the 
examination,  as  may  probably  be  able  to  give  materia, 
evidence  against  the  prisoner,  an  obligation,  called  a 
recognizance,  to  appear  as  witnesses  at  the  next  court 
having  jurisdiction  of  the  case.  And  if  any  witness 
refuse  to  enter  into  such  recognizance,  he  may  be  com- 
mitted to  prison. 

8.  Where  a  party  has  been  apprehended  for  a  crime 
that  is  not  bailable,  and  upon  the  examination  a  case  is 
made  out  sufficient  to  put  him  upon  his  trial,  or  where 
the  cliarge  is  for  an  offence  which  is  bailable,  but  no 
sufficient  bail  is  offered,  he  must  be  committed  to  prison 
for  safe  custody.  For  this  purpose,  the  justice  makes 
out  a  wanant  of  commitment,  called  a  mittimus,  to  the 
jailer,  to  receive  the  prisoner.  Every  final  commitment 
thus  made  must  be  in  writing,  under  the  hand  and  seal 
of  the  justice,  and  in  the  name  of  the  state,  properly 
directed  to  the  sheriff  or  his  deputy,  the  constable,  and 
jailer,  and  containing  a  sufficient  description  of  the 
prisoner,  aad  specification  of  the  accusation  and  of- 
fence, and  the  place,  time,  and  mode  of  imprisonment. 

9.  When  a  person  thus  committed  is  advised  that 
his  commitment  is  illegal,  or  that  he  is  entitled  to  be 
discharged  or  bailed  by  a  superior  jurisdiction,  he  may 
obtain  relief  by  a  writ  of  habeas  corpus,  so  called  from 
the  emphatical  words  in  the  writ,  commanding  to  have 
the  body  of  the  prisoner  before  the  required  tribunal. 
This  writ  is  to  be  procured  by  motion  to  such  higher 
court,  in  term  time,  or  while  the  court  is  in  session,  or 
by  application  to  a  judge  of  the  court,  in  vacation.  In 
support  of  the  application,  an  affidavit  is  usually  re- 
quired, stating  the  circumstances  under  which  the  party 
considers  himself  entitled  to  relief     If  just  cause  be 

6# 


66        INDICTMENT  AND  ARRAIGNMENT  OF  CRIMINALS. 

shown,  a  writ  issues,  directed  to  the  person  in  whose 
custody  the  apphcant  is  actually  detained,  who  is 
bound,  within  a  certain  number  of  days,  to  make  re- 
turn of  the  writ  to  the  court  or  judge  by  whom  it  was 
issued. 

10.  In  this  return  he  is  required  to  set  forth  whether 
or  not  he  has  the  party  in  his  custody,  and  if  he  has,  by 
whom,  when,  and  for  what  cause,  he  was  committed ; 
and,  at  the  time  of  making  the  return,  he  is  to  bring  up 
the  body  of  the  person,  if  in  his  custody  or  power. 
When  the  prisoner,  as  also  the  depositions  upon  which 
the  commitment  was  founded,  and  the  warrant  of  com- 
mitment, with  the  writ  of  habeas  corpus,  are  duly  re- 
turned, the  court  or  judge  consider  and  determine 
whether  to  discharge,  bail,  or  recommit  him.  The  writ 
of  habeas  corpus  is  granted  also  in  other  cases  where  a 
person  is  illegally  restrained  or  deprived  of  his  liberty ; 
as,  for  example,  where  a  minor  has  enlisted  into  the 
military  or  naval  service,  without  the  consent  of  his 
parent  or  guardian. 


CHAPTER  XVIII. 

INDICTMENT    AND    ARRAIGNMENT    OF    CRIMINALS. 

1.  It  is  provided  by  the  constitution  of  the  United 
States,  that,  except  in  cases  arising  in  the  military  or 
naval  service,  no  person  shall  be  held  to  answer  for  a 
capital  or  otherwise  infamous  crime,  unless  on  a  pre- 
sentment or  indictment  of  a  grand  jury.  At  the  open- 
ing of  the  court  having  jurisdiction  of  criminal  matters, 
the  grand  jury  having  been  first  organized  and  sworn, 
the  clerk  directs  the  crier  to  make  proclamation  that  all 
persons  present  keep  silence  while  the  judge  delivers 
his  charge  to  the  grand  jury.  This  charge  or  address 
is  designed  to  instruct  the  jury  in  relation  to  the  duties 
of  their  office ;    but  occasionally  it  is  devoted  chiefly 


INDICTMENT    OF    CRIMINALS.  67 

to  some  collateral  subject.  When  the  charge  is  con- 
cluded, the  grand  jury  retire  to  a  separate  room,  to  hold 
their  deliberations. 

2.  All  cases  of  persons  who  have  undergone  an 
examination  on  criminal  charges,  before  justices  of  the 
peace,  and  have  been  either  bailed  or  committed,  and 
also  other  matters  and  complaints,  come  before  the 
grand  jury  for  investigation.  They  can,  in  general, 
inquire  of  nothing  but  what  arises  within  their  county 
or  district.  They  hold  their  sessions  in  secret,  examine 
witnesses  upon  oath,  and  receive  other  evidence  that  is 
laid  before  them.  Any  person  who  may  be  present  on 
the  occasion,  is  bound  not  to  disclose  what  takes  place. 
The  grand  juiy,  for  the  most  part,  hear  evidence  only 
in  support  of  the  charge,  and.  not  in  exculpation  of  the 
defendant ;  this  being  only  a  preliminary  investigation, 
and  not  conclusive  upon  the  party  accused,  and  the 
duty  of  the  grand  jury  being,  merely  to  inquire  whether 
there  is  sufficient  ground  for  putting  him  on  his  trial 
before  another  jury  of  a  diiferent  description. 

3.  A  presentment,  properly  speaking,  is  the  notice 
taken  by  a  grand  jury,  at  their  own  instance,  of  some  of- 
fence within  their  knowledge.  An  indictment  is  a  writ- 
ten accusation  of  a  person,  preferred  to  a  grand  jury, 
and  by  them  presented  upon  oath  as  true,  setting  forth 
the  offence  with  sufficient  certainty  of  time,  place,  and 
circumstances.  Usually,  by  the  help  of  the  examinations 
returned  by  justices  of  the  peace,  and  from  other  in- 
formation, a  bill  of  indictment  is  framed,  in  the  first 
instance,  by  the  officer  on  the  part  of  the  government, 
and  submitted  to  the  grand  jury,  having  indorsed  upon 
it  the  names  of  the  witnesses  who  are  expected  to  give 
evidence  against  the  party.  An  indictment  must  de- 
scribe the  party  accused,  the  nature  of  the  offence,  the 
time  and  manner  of  its  commission,  and  other  necessaiy 
particulars,  in  all  material  points  conformably  to  the 
actual  proofs. 

4.  When  the  grand  jury  have  heard  the  evidence  in 
a  case,  if  they  think  the  accusation  not  supported,  they 
write  on  the  back  of  the  bill,  "  not  a  true  bill ;"  or  "  not 


68  AREAIGNMENT    OF    CRIMINALS. 

found."  If  they  are  satisfied  of  the  truth  of  the  accusa- 
tion, they  indorse  upon  the  bill,  "a  true  bill."  This  in- 
dorsement is  signed  by  the  foreman,  and  the  bill  is  then 
said  to  be  found.  Having  disposed  of  all  the  business 
before  them,  the  grand  jury  return  into  court.  The 
clerk  then  calls  all  the  jurymen  by  name,  to  ascertain 
that  they  are  present.  He  then  inquires  whether  they 
have  agreed  upon  any  bills,  and  bids  them  present  them 
to  the  court ;  whereupon,  the  foreman  hands  them  to 
the  clerk,  and  the  grand  jury  are  then  dismissed.  At 
the  close  of  the  session,  or  earlier,  all  those  persons  in 
custody,  against  whom  no  bills  have  been  found,  are 
discharged. 

5.  It  sometimes  happens,  that  an  indictment  is  pre- 
ferred and  found  against  a  person  in  his  absence,  which 
may  be  done  equally  well,  since,  if  present,  he  could 
not  be  admitted  or  heard  before  the  grand  jury  to  op- 
pose it.  But  the  indictment  cannot,  in  general,  be  tried, 
unless  the  party  accused  be  personally  present.  Ac- 
cordingly, if  he  has  not  been  arrested,  or  does  not  appear, 

process  issues,  which  is  so  denominated  because  '\\  pro- 
ceeds, or  goes  forth,  in  order  to  bring  the  defendant  into 
court,  to  answer  the  charge  alleged  against  him.  The 
term  signifies,  generally,  the  writs  or  judicial  means  em- 
ployed in  any  action,  civil  or  criminal,  to  compel  the 
appearance  of  parties,  or  to  enforce  obedience  to  the 
mandates  of  the  court.  On  indictments  for  offences  of 
a  heinous  character,  especially,  the  process  that  issues 
is  a  capias,  which  is  a  command  to  the  sheriff  or  other 
officer,  to  take  the  individual,  and  have  him  before  the 
court. 

6.  The  party  accused,  being  present  in  the  proper 
court,  is  there  arraigned;  that  is,  he  is  called  to  the  bar 
of  the  court,  to  answer  the  matter  charged  upon  him  in 
the  indictment.  The  first  part  of  this  process  consists 
in  the  clerk's  calling  upon  the  prisoner  by  his  name, 
when  brought  to  the  bar,  and,  in  capital  cases,  at  least, 
commanding  him  to  hold  up  his  hand ;  which  is  done  in 
order  that,  by  this  physical  act,  the  prisoner  may  be  the 
more  certainly  identified  as  the  party  named  in  the  in- 


ASSIGNMENT    OF    COUNSEL.  69 

dictment.  Next,  the  indictment  is  read  to  him  distinctly, 
that  he  may  fully  understand  the  nature  of  the  accusa- 
tion which  he  is  called  to  meet ;  and  when  that  is  fin- 
ished, the  clerk  concludes  by  asking  the  prisoner,  "  How 
say  you,  are  you  guilty  or  not  guilty  ?  " 

7.  If  the  prisoner  plead  guilty,  the  confession  is  re- 
corded ;  and  then  the  matter  rests  till  sentence  is  pro- 
nounced. But  the  court  are  very  reluctant  to  receive 
such  confessions,  especially  where  the  punishment  is 
capital,  and  will  sometimes,  out  of  tenderness  to  the 
party's  life,  advise  him  to  retract  his  plea.  If  he  deny 
the  charge,  he  answers,  "  not  guilty ; "  whereupon,  the 
clerk,  in  behalf  of  the  state,  replies  by  two  abbrevia- 
tions, "  cul.  init. " — which  are  explained  to  amount  to  a 
joinder  of  issue  on  the  question  of  the  prisoner's  guilt, — 
and  immediately  proceeds  to  ask  the  prisoner,  "  How 
will  you  be  tried?  "  to  which  he  replies,  "  By  God  and 
my  country ;  "  and  the  clerk,  in  the  humane  presump- 
tion of  the  party's  innocence,  subjoins,  "  God  send  you 
a  good  deliverance."  And  thus  the  form  of  the  arraign- 
ment is  concluded. 

8.  When  the  prisoner,  upon  his  arraignment,  has 
pleaded,  "  not  guilty,"  counsel  are  assigned  him  by  the 
court,  if  he  be  not  already  provided  with  counsel,  to 
manage  his  defence  ;  and  he  is  entitled  to  a  speedy  and 
pubhc  trial.  It  is  sometimes  thought  to  involve  a  sacri- 
fice of  principle  to  undertake  the  defence  of  supposed 
criminals.  This  is  prejudging  the  guilt  of  the  party  ac- 
cused, since  surely  it  would  not  be  deemed  derogatory  to 
any  man,  to  defend  one  who  had  fallen  under  suspicion 
of  a  crime,  however  atrocious,  but  who  was  really  inno- 
cent. But  it  frequently  happens,  that  in  cases  where 
the  public  feeling  is  the  strongest  against  the  accused, 
the  guilt  of  the  party  cannot  be  known,  for  a  certainty 
at  least,  to  any  one  except  him'self;  and  it  would  be 
unfortunate,  if  counsel,  through  the  fear  of  being  instru- 
mental in  assisting  the  guilty  to  escape  from  justice, 
should,  in  fact,  suffer  the  innocent  to  be  sacrificed. 

9.  •  Furthermore,  every  man  is,  in  justice,  entitled  to 
the  benefit  of  whatever  can  fairly  be  said  in  his  vindi- 


70  TRIAL    IN    CRIMINAL    CASES. 

cation,  be  that  little  or  much.  Counsel  cannot  make 
out  a  case  before  an  intelligent  court  and  jury,  unless 
they  have  something  of  which  to  make  it.  And  it  is 
not  only  the  right  of  the  accused,  but  it  is  for  the  inter- 
est of  the  community,  that  whatever  means  really  ex- 
ist, should  be  fairly  used  and  insisted  upon  in  his  de- 
fence. While  the  public  security  requires  the  punish- 
ment of  the  guilty,  the  safety ^of  the  innocent  imperious- 
ly demands,  that  no  man,  be  he  guilty  or  otherwise,  shall 
be  punished  but  in  pursuance  of  due  process  of  law.  It 
is  the  just  pride  of  our  country,  that  ours  is  a  govern- 
ment  of  laws.  If  any  man,  however  guilty,  could  be 
punished  without  the  forms  of  law  and  of  a  trial,  small 
would  be  the  chance  of  the  innocent,  who  had  been  so 
unfortunate  as  to  turn  upon  himself  the  torrent  of  pop- 
ular indignation. 


CHAPTER  XIX. 

THE    TRIAL    IN    CRIMINAL    CASES. 

1.  After  the  prisoner  has  been  arraigned,  and  coun- 
sel assigned  him,  he  is  allowed  a  reasonable  time  to 
prepare  his  defence.  In  the  mean  time,  a  jury  i«  sum- 
moned, or  more  commonly,  one  is  taken  from  the  regu- 
lar panels  returned  to  court.  The  time  for  the  trial  hav- 
ing arrived,  and  the  prisoner  being  placed  at  the  bar, 
the  clerk  calls  the  petit  jurors,  who  answer  to  their 
names.  When  a  full  jury  appears,  the  clerk  addresses 
the  prisoner,  and  says  to  him,  "  You  are  now  set  to  the 
bar  to  be  tried,  and  these  good  men  whom  you  shall 
now  hear  called,  are  those  who  are  to  pass  between 
the  state  and  you ;  if  therefore  you  will  challenge  any 
of  them,  you  must  do  it  as  they  are  called,  and  before 
they  are  sworn." 

2.  Challenges  are  either  perernptory,  or  for  'cause. 
A  prisoner  who  is  to  be  put  on  trial  for  his  life,  is  al- 


TRIAL    IN    CRIMINAL    CASES.  71 

lowed  to  challenge,  without  assigning  any  cause  what- 
ever, a  certain  number  of  jurors,  which  by  the  common 
law  was  thirty-five,  but  the  number  is  sometimes  lim- 
ited by  statute  to  twenty.  This  is,  that  the  prisoner 
should  not  be  tried  by  any  one  to  w^hom,  from  his  ap- 
pearance or  otherwise,  he  conceives  a  dislike  or  pre- 
judice, nor  by  one  who  may  have  been  provoked  by  an 
unsuccessful  exception  taken  to  him.  After  the  pris- 
oner has  exhausted  the  whole  number  of  peremptory 
challenges  allowed  him,  he  may  still  challenge  as 
many  other  jurors  as  he  can  show  good  cause  for  set- 
ting aside.  And  in  all  criminal  cases,  the  accused,  as 
well  as  the  government,  may  always  challenge  for 
cause. 

3.  When  a  juror  who  has  been  called,  is  not  chal- 
lenged, or  the  challenge  is  not  allowed,  he  is  sworn  by 
the  clerk,  in  substantially  this  form:  "You  shall  well 
and  truly  try,  and  true  deliverance  make  between  the 
state  and  the  prisoner  at  the  bar,  whom  you  shall  have 
in  charge,  and  a  true  verdict  give  according  to  the  evi- 
dence." The  juror  who  has  been  thus  sworn,  is  set 
apart  on  the  jury-box;  and  when  a  full  jury  of  twelve 
unexceptionable  men  have  been  each  sworn,  in  like 
manner,  the  clerk  calls  over  their  names,  and  directs 
the  crier  to  count  them,  who  does  so,  and  then  says  to 
the  jury,  "  Twelve  good  men  and  true,  stand  together 
and  hear  your  evidence."  The  rest  of  the  jurors  in  at- 
tendance are  then  discharged. 

4.  The  jury  having  been  thus  organized  and  sworn, 
the  clerk,  in  capital  cases,  calls  to  the  prisoner  at  the 
bar  to  hold  up  his  tiand,  and  then  directs  the  jury  to 
"look  upon  the  prisoner  and  hearken  to  his  cause." 
He  then  reads  the  indictment,  and  adds,  "upon  this 
indictment  the  prisoner  has  been  an-aigned ;  upon  his 
arraignment  he  pleaded  not  guilty ;  and  for  his  trial  has 
put  himself  upon  God  and  the  country,  which  country 
you  are;  so  that  your  charge  is  to  inquire  whether  he 
be  guilty  of  the  crime  whereof  he  stands,  indicted,  or 
not  guilty.  If  you  find  him  guilty,  say  so  ;  if  you  find 
him  not  guilty,  say  so,  and  no  more.     Hear  yoiu:  evi- 


72  TRIAL    IN    CRIMINAL    CASES. 

dence."     In  trials  for  misdemeanors,  or  minor  offences, 
the  indictment  is  not  always  formally  read  over  to  the 

5.  The  counsel  for  the  prosecution,  being  usually 
the  attorney  general,  or  district  attorney,  or  both  of 
them,  appearing  officially  in  behalf  of  the  state,  then 
open  the  case,  giving  an  outline  of  the  indictment,  and 
stating  the  circumstances  of  the  offence,  and  the  lead- 
ing facts  which  they  expect  to  prove.  The  evidence 
on  the  part  of  the  government  is  then  put  in,  the  wit- 
nesses being  examined  always  in  the  presence  of  the 
prisoner.  When  the  evidence  for  the  prosecution  is 
concluded,  the  counsel  for  the  prisoner  opens  his  case 
to  the  jury,  states  his  grounds  of  defence,  and  intro- 
duces his  evidence.  The  prisoner  is  entitled  to  have 
compulsory  process  to  bring  into  court  witnesses  in  his 
favor.  The  evidence  for  the  defendant  being  all  in, 
his  closing  counsel  argues  the  case  fully  to  the  jury,  and 
is  followed  by  the  closing  counsel  on  the  part  of  the 
state. 

6.  The  counsel  on  both  sides  having  concluded,  the 
court  next  address  the  jury,  instructing  them  in  rela- 
tion to  the  law,  and  summing  up  the  evidence  in  the 
case.  The  jury  then  retire  to  a  room,  provided  for  the 
purpose,  in  charge  of  a  sworn  officer,  who  is  to  keep 
them  together,  and  apart  from  every  one  else.  During 
their  deliberations  they  are  allowed  no  refreshment, 
without  the  permission  of  the  court ;  nor  can  they,  but 
with  the  like  permission,  separate  until  they  have 
agreed  upon  a  verdict,  in  which  they  must  be  unani- 
mous. A  jury  sworn  and  charged  in  a  capital  case, 
cannot,  unless  from  evident  necessity,  be  discharged 
till  they  have  given  a  verdict.  During  the  progress  of 
criminal  trials  especially,  precautions  are  taken  to  keep 
the  jury  as  far  removed  as  possible  from  foreign  influ- 
ences; and  in  capital  cases,  at  least,  if  the  court  ad- 
journ from  day  to  day,  the  jury  retire  together  under  the 
care  of  an  officer. 

7.  When  the  jury  have  agreed  upon  their  verdict, 
they  return  to  the  jury -box,  the  court  being  in  session, 


TRIAL    IN    CRIMINAL    CASES.  73 

and  the  defendant  present.  The  clerk  then  calls  them 
by  their  names,  to  ascertain  that  they  are  all  present, 
and  asks  them  whether  they  have  agi'ced  on  their  ver- 
dict ;  to  which  they  answer  in  the  affirmative.  He  then 
inquires,  "  Who  shall  speak  for  you  ? "  and  some  one 
replies,  "  The  foreman."  The  clerk  then  requests  the 
prisoner  to  hold  up  his  hand,  and  the  jury  to  look  upon 
the  prisoner,  and  say  whether  he  is  guilty  or  not  guilty. 
The  foreman  answers  as  the  verdict  is,  and  the  clerk 
having  written  down  the  answer  upon  the  record,  again 
addresses  the  jury :  "  Hearken  to  your  verdict,  as  the 
court  has  recorded  it.  You  say  that  the  prisoner  is 
guilty,  (or  not  guilty,  as  the  case  may  be,)  of  the  crime 
whereof  he  stands  indicted.  So  you  say,  Mr.  foreman ; 
so  say  you  all." 

8.  If  the  jury,  by  their  verdict,  find  the  prisoner  not 
guilty,  he  is,  in  general,  forever  discharged  of  the  ac- 
cusation, and  on  such  acquittal,  is  immediately  set  at 
liberty.  It  is  declared  by  the  constitution  of  the 
United  States,  that  no  person  shall  be  subject,  for  the 
same  offence,  to  be  put  twice  in  jeopardy  of  life  or 
limb.  But  if  the  jury  find  him  guilty,  he  is  then  said 
to  be  convicted  of  the  crime  with  which  he  was  charg- 
ed; and  judgment  is  afterwards  pronounced  against 
him  by  the  court.  There  are  several  modes,  by  which, 
at  the  different  stages,  the  proceedings  may  be  vacated, 
if  they  have  been,  in  any  respect,  essentially  irregular 
or  defective.  In  general,  also,  the  executive  is  invested 
with  the  power  of  pardoning  offences,  after  conviction. 
But  if  none  of  these  means  can  be  resorted  to  with 
effect,  the  judgment  or  sentence  of  the  court  is  carried 
into  execution,  according  to  its  terms. 


74  IMPEACHMENTS. 


CHAPTER  XX. 


IMPEACHMENTS. 


1.  By  the  constitution  of  the  United  States  it  is 
provided,  that  the  house  of  representatives  shall  have 
the  sole  power  of  impeachment,  and  the  senate  the 
sole  power  to  try  all  impeachments.  And  it  is  de- 
clared that  the  president,  vice  president,  and  all  civil 
officers  of  the  United  States,  shall  be  removed  from 
office,  on  impeachment  for,  and  conviction  of  treason, 
bribery,  or  other  high  crimes  and  misdemeanors.  Pro- 
visions of  substantially  the  same  nature,  are  found  in 
most  of  the  state  constitutions.  The  object  of  prose- 
cutions of  this  sort  has  been  stated  to  be,  to  reach  high 
and  potent  offenders,  who  would  be  likely  to  escape 
punishment  in  the  ordinary  tribunals,  either  from  their 
own  great  influence,  or  from  the  imperfect  organization 
and  powders  of  those  tribunals. 

2.  The  process  of  impeachment  is  instituted  by  a 
formal  accusation,  called  articles  of  impeachment,  which 
are  in  the  nature  of  a  bill  of  indictment.  When  an 
officer,  who  is  subject  to  this  species  of  prosecution, 
is  supposed  to  have  been  guilty  of  any  official  miscon- 
duct or  malversation  in  office,  the  matter  having  been 
brought  before  the  house  of  representatives,  by  motion 
of  a  member,  or  by  memorial,  or  otherwise,  is  usually 
refeiTcd  to  a  committee  for  investigation.  If  the  com- 
mittee are  of  opinion  that  the  case  is  such  as  to  require 
the  exercise  of  this  constitutional  power,  they  recom- 
mend in  their  report  to  the  house,  that  the  party  be 
impeached. 

3.  If  a  majority  of  the  house  are  in  favor  of  im- 
peachment, a  resolution  is  passed  accordingly,  and  a 
committee  of  the  house  is  then  appointed  to  go  to  the 
senate,  and  in  the  name  of  the  house  of  representa- 
tives and  of  the  people,  to  impeach  the  party,  and  to 


IMPEACHMENTS.  75 

acquaint  the  senate  that,  in  due  time,  particular  arti- 
ticles  of  impeachment  will  be  exhibited  against  him, 
and  made  good.  A  committee  of  the  house  is  next 
selected  to  prepare  and  report  articles  of  impeachment, 
and  when  the  house  hav&  agreed  upon  the  articles, 
they  choose  managers  to  conduct  the  proceedings. 
On  the  day  appointed  by  the  senate  for  that  purpose, 
the  managers  repair  to  the  senate  chamber,  and  the 
articles  are  there  read  by  one  of  theh  number,  and 
handed  in  at  the  table  of  the  secretary. 

4.  The  senate  issue  process,  which  is  served,  and 
a  return  of  it  made,  under  oath,  by  the  sergeant  at 
arms  of  the  senate,  summoning  the  party  accused,  to 
appear  before  that  body,  on  a  stated  day,  to  answer 
to  the  articles.  On  the  day  assigned,  the  senate  re- 
solve themselves  into  a  court  of  impeachment,  and  the 
party  imn^ached  is  called  to  answer.  If  he  does  not 
appear,  his  default  is  recorded,  and  the  charge  may  be 
tried  in  his  absence.  If  he  appears,  an  issue  is  framed 
between  the  government  and  the  accused,  and  a  time 
is  fixed  for  the  trial.  The  general  rules  of  law  and 
evidence,  apphcable  to  common  trials,  are  observed  in 
the  proceedings.  The  trial  is  conducted,  on  the  part  of 
the  house,  by  their  managers ;  on  the  part  of  the 
accused,  by  himself  and  his  counsel;  and  the  senate 
sit  as  judges. 

5.  When  sitting  as  a  court  of  impeachment,  the 
senators  are  required  to  be  under  oath  or  affirmation  to 
do  justice  according  to  law.  AVhen  the  president  of 
the  United  States  is  tried,  the  chief  justice  of  the  su- 
preme court  is  to  preside  at  the  trial.  There  must  be 
a  quorum  of  the  senate  present,  to  try  an  impeach- 
ment, and  no  person  can  be  convicted  without  the  con- 
cuiTence  of  two  thirds  of  the  senators  present.  It  is 
also  provided  by  the  constitution,  that  judgment  in 
cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust,  or  profit  under  the 
United  States.  But  the  person  convicted  is,  neverthe- 
less, liable  to  indictment,  trial,  judgment  and  punish- 


76  CONGRESS. 

ment,  according  to  law.  The  provisions  of  the  state 
constitutions,  in  this  respect,  are  essentially  the  same. 
6.  The  trial  of  impeachments  being  before  a  politi- 
cal tribunal,  the  offence  is,  for  that  purpose,  regarded 
in  a  political  point  of  view ;  and  the  punishment  ad- 
ministered is  such  as  will  serve  to  secure  the  public 
against  political  injuries,  by  taking  from  the  offender 
the  opportunity  of  doing  further  harm.  But  in  so  far 
as  the  offence  is  of  a  civil  nature,  it  is  left  to  be  dis- 
posed of  by  the  ordinary  tribunals  of  justice,  according 
to  the  laws  of  the  land,  upon  an  indictment  found  by  a 
grand  jury,  and  tried  by  a  petit  jury,  as  in  common 
cases.  Where  the  executive  is  invested  with  the 
power  of  pardoning  offences,  cases  of  impeachment  are 
expressly  excepted.  For,  otherwise,  in  the  event  of  a 
corrupt  coalition  among  the  officers  of  government,  the 
chief  magistrate  would  have  it  in  his  power  to  screen 
the  guilty,  and  frustrate  the  object  of  thfs  kind  of 
prosecution. 


CHAPTER  XXI. 


CONGRESS. 


1.  All  legislative  power  granted  by  the  constitution 
of  the  United  States,  is  vested  in  a  Congress,  consisting 
of  a  senate  and  house  of  representatives,  which  are 
independent  bodies  possessed  of  coordinate  powers. 
The  house  of  representatives  is  composed  of  mem- 
bers chosen  every  second  year,  in  the  several  states, 
by  persons  qualified  to  vote  for  members  of  the  more 
numerous  branch  of  their  own  state  legislature.  No 
one  can  be  a  representative,  who  has  not  attained  to 
the  age  of  twenty-five  years,  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  is  not,  when 
elected,  an  inhabitant  of  the  state  in  which  he  is  cho- 
sen. Nor  can  any  person  be  a  member  of  either  house, 
while  he  holds  any  office  under  the  United  States. 


CONGRESS.  77 

2.  The  representatives  are  required  to  be  appor- 
tioned among  the  states,  according  to  their  nnmbers, 
as  determined  by  adding  to  the  whole  number  of  free 
persons,  inchiding  those  bound  to  service  for  a  terra  of 
years,  and  exchiding  Indians  not  taxed,  three  fifths 
of  all  other  persons.  This  mode  of  determining  the 
numbers  was  adopted  with  reference  to  the  slaves.  In 
the  convention  that  framed  the  constitution,  the  slave- 
holding  states  contended  for  a  representation  according 
to  the  whole  number  of  persons,  without  distinction  of 
condition;  the  other  states,  for  one  according  to  the 
number  of  free  persons  only.  The  controversy  was 
finally  settled  by  a  compromise,  by  which  three  fifths 
of  the  slaves  were  to  be  reckoned  along  with  the  free 
persons,  and  to  be  represented  accordingly. 

3.  The  number  of  inhabitants  is  ascertained  by  an 
actual  enumeration,  or  census,  made  every  ten  years, 
and  upon  each  new  census  there  is  a  new  apportion- 
ment of  representatives,  which  goes  into  effect  on  the 
4th  of  March  of  the  third  year  after  the  census  is 
taken.  In  making  the  apportionments,  a  practical  diffi- 
culty arises,  inasmuch  as  the  number  that  may  be  fixed 
upon  for  the  ratio,  will  never  be  an  exact  common 
divisor  of  the  numbers  in  each  state,  but  will  leave  a 
fraction  in  most  or  all  of  the  states.  The  course  pursued 
under  the  first  five  enumerations  was  to  allow  to  each 
state  one  representative  for  every  time  the  entire  ratio 
adopted,  was  contained  in  its  numbers,  and  to  reject  all 
fractions.  But  under  the  sixth  census,  that  of  1840,  an 
additional  representative  is  allowed  to  each  state,  of 
which  there  are  five,  having  a  fraction  greater  than  a 
moiety  of  the  ratio, 

4.  By  the  constitution,  the  number  of  representa- 
tives cannot  exceed  one  for  every  thirty  thousand ;  but 
each  State  is  entitled  to  have  at  least  one  representa- 
tive. It  was  provided  that  an  enumeration  of  the  in- 
habitants should  be  made  within  three  years  after  the 
first  meeting  of  the  congress  of  the  United  States. 
The  number  fixed  to  compose  the  house  of  repre- 
sentatives, until   such  enumeration   should  be  made, 

7* 


78  CONGRESS. 

was  sixty-five,  who  were  specifically  distributed  among 
the  thirteen  states.  The  number  of  representatives, 
according  to  the  several  apportionments  made  upon 
the  census  of  1790,  and  each  subsequent  decennial 
census,  and  the  ratios  upon  which  those  apportion- 
ments have  proceeded,  have  been  determined  in  such 
manner  as  congress  has  thought  fit,  in  each  case. 
Every  organized  territory  of  the  United  States  is  al- 
lowed one  delegate,  who  has  a  seat  in  the  house  of 
representatives,  with  the  right  of  debating,  but  not  of 
voting. 

5.  The  times,  places,  and  manner  of  holding  elec- 
tions for  representatives,  are  left  to  be  determined  by 
the  different  state  legislatures,  but  congress  may,  at 
any  time,  by  law,  make  or  alter  such  regulations.  The 
representatives  are  generally  chosen  at  the  state  elec- 
tions which  are  held  next  preceding  the  4th  of  March 
on  which  their  term  is  to  commence.  For  the  choice 
of  representatives,  most  of  the  states  have  usually 
been  divided  into  districts,  each  district  choosing  one 
or  more  representatives ;  but  in  some  of  the  states 
they  have  been  chosen  by  general  ticket,  throughout 
the  state.  By  the  act  of  congress  of  1842,  the  repre- 
sentatives of  each  state  which  is  entitled  to  more  than 
one,  are  required  to  be  elected  by  districts  composed 
of  a  contiguous  territory,  equal  in  number  to  the  num- 
ber of  representatives  to  which  the  state  is  entitled,  no 
one  district  electing  more  than  one  representative. 
When  vacancies  happen  in  the  representation  of  any 
state,  it  is  the  duty  of  the  executive  of  the  state,  to 
issue  writs  of  election  to  fill  them. 

6.  The  senate  of  the  United  States  is  composed  of 
two  members  from  each  state,  chosen  by  the  state 
legislatures,  for  six  years,  and  each  senator  has  one 
vote.  In  the  equal  suffrage  of  the  states  in  the  sen- 
ate, a  feature  of  the  confederation  is  observable.  Under 
that  system  each  state  had,  in  congress,  one  vote.  In 
the  convention  which  framed  the  constitution,  the 
smaller  states  strove  to  retain  this  equality,  which  the 
larger  states  resisted.  The  basis  of  numbers  was 
finally  agreed  to  in  reference  to  the  house  of  repre- 


CONGRESS.  79 

sentatives,  and  after  a  severe  and  protracted  struggle, 
the  basis  of  equality  was  conceded  in  regard  to  the 
senate.  No  person  can  be  a  senator  who  has  not  at- 
tained to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  is  not,  when 
elected,  an  inhabitant  of  the  state  for  which  he  is 
chosen. 

7.  From  the  manner  in  which  it  is  constituted,  the 
senate  might  naturally  be  supposed  to  be  a  more 
stable  and  independent  body  than  the  house  of  repre- 
sentatives ;  and  such  it  was  doubtless  designed  to  be. 
But  there  is  a  provision  superadded,  which,  without 
impairing  the  efficiency  of  the  senate,  serves  to  keep 
it  sufficiently  within  the  control  of  the  people.  At  their 
first  meeting  under  the  constitution,  the  senators  were, 
as  directed  by  that  instrument,  divided  as  equally  as 
possible  into  tliree  classes,  whose  seats  were  to  be  va- 
cated at  the  expiration  of  two,  four,  and  six  years, 
respectively.  The  senators  of  states  since  admitted 
into  the  Union,  have  been  equally  distributed  among 
these  three  classes,  so  that  one  third  of  the  senate  is 
renewed  regularly  every  second  year. 

8.  The  provision  as  to  the  times  and  manner  of 
choosing  senators,  is  the  same  as  in  regard  to  the  choice 
of  representatives ;  but  congress  has  no  authority  to 
prescribe  the  place  for  choosing  senators,  it  being 
deemed  but  reasonable  tljat  the  state  legislatures 
should  select  their"  own  place  of  sitting.  In  some  of 
the  states  it  is  the  custom  to  choose  the  senators  by  a 
joint  vote  of  the  two  branches  of  the  legislature,  assem- 
bled in  convention,  and  voting  as  one  body.  In  others, 
they  are  chosen  by  a  concurrent  vote,  each  branch 
voting  separately  and  independently,  and  their  concur- 
rence being  required  for  a  choice.  The  latter  mode  is 
the  more  generally  practised.  If  vacancies  in  its  sena- 
torial delegation  happen,  by  resignation  or  otherwise, 
during  the  recess  of  the  legislature  of  any  state,  the 
executive  of  the  state  may  make  temporary  appoint- 
ments, to  continue  until  the  next  meeting  of  the  legis- 
lature, which  shall  then  fill  such  vacancies. 


80  MEETINGS    OF    CONGRESS. 

CHAPTER  XXIL 

MEETINGS    AND    PRIVILEGES    OF    CONGRESS. 

1.  The  constitution  declares  that  congress  shall 
assemble  at  least  once  in  eveiy  year,  and  that  such 
meeting  shall  be  on  the  first  Monday  in  December,  un- 
less they  shall  by  law  appoint  a  different  day.  And  on 
extraordinary  occasions,  the  president  may  convene 
both  houses,  or  either  of  them.  The  fii*st  session  of 
congress  under  the  constitution,  was  held  in  the  city 
of  New  York.  Afterwards,  the  sessions  were  held  at 
Philadelphia,  until  the  year  1800,  Tvhen  the  place  of 
meeting  was  transferre'd  to  Washington,  in  the  District 
of  Columbia,  which  had  been  selected  by  congress, 
and  ceded  by  Maryland  and  Virginia,  to  the  United 
States,  under  authority  of  the  constitution,  to  be  the 
permanent  seat  of  the  national  government. 

2.  The  whole  term  of  two  years,  for  which  repre- 
sentatives are  elected,  commencing  on  the  4th  of 
March,  is  called  one  congress.  The  sessions  have  fre- 
quently, by  special  act  of  congress,  or  by  proclamation 
of  the  president,  commenced  at  an  earlier  day  than 
that  prescribed  by  the  constitution,  and  in  six  instan- 
ces, there  have  been  distinct  extra  sessions,  thus  mak- 
ing three  sessions  for  each  of  those  congresses.  The 
first  session  of  each  congress  may  be  continued  indefi- 
nitely. Usually,  the  first  regular  session  has  not  ex- 
tended beyond  the  month  of  May,  succeeding  its  com- 
mencement ;  but  in  a  few  cases  it  has  been  protracted 
as  late  as  to  July,  and  the  session  in  1842  continued 
till  the  end  of  August.  The  last  session  of  the  congress 
necessarily  closes  on  the  3d  of  March,  since  the  term 
of  office  of  the  representatives  and  of  a  part  of  the 
senators,  then  expires. 

3.  On  the  meeting  of  a  new  congress,  the  presi- 
dent of  the  senate  calls  that  body  to  order,  and  qual- 


MEETINGS    OF    CONGRESS.  81 

ifies  the  new  members,  and  they  then,  through  their 
secretarj^  acquaint  the  house  of  representatives,  if  such 
be  the  fact,  that  a  quorum  of  the  senate  is  assembled, 
and  ready  to  proceed  to  business.  The  house  of  repre- 
sentatives is  called  to  order  by  the  clerk  of  the  house 
for  the  preceding  congress,  who  then  calls,  in  the  order 
of  the  states,  the  names  of  those  persons  who,  from 
the  proper  evidence  furnished  to  him,  appear  to  have 
been  elected  members.  When  through,  he  announces 
the  attendance  of  a  quorum,  if  so  many  have  answered. 
The  house  then  proceed  to  the  election  of  a  speaker. 
This  was  always  done  by  ballot,  until  a  few  years  since, 
when  the  method  of  voting  viva  voce,  that  is,  orally, 
was  introduced  into  the  house.  The  speaker  holds  his 
office  for  the  entire  congress. 

4.  On  his  taking  the  chair,  an  oath  to  support  the 
constitution  of  the  United  States  is  administered  to 
the  speaker,  usually  by  the  oldest  member  of  the 
house.  The  members  are  next  called,  in  the  order  of 
the  states,  and  as  many  as  are  present  are  sworn, 
in  like  manner,  by  the  speaker.  The  others  are  quali- 
fied as  they  appear,  before  taking  their  seats.  After 
the  house  is  organized  by  the  choice  of  a  speaker,  a 
message  to  that  effect  is  sent  to  the  senate.  A  joint 
committee  is  then  appointed  to  wait  on  the  president 
of  the  United  States,  and  inform  him  that  a  quorum  of 
the  two  houses  has  assembled,  and  that  congress  is 
ready  to  proceed  to  business.  Thereupon,  he  usually 
sends,  by  his  private  secretary,  a  message  to  both 
houses,  which  is  read  in  each  by  its  secretary  or  clerk. 
Formerly  it  was  the  custom  for  the  president,  instead 
of  sending  a  message,  annually  to  deliver  a  speech  to 
congress,  to  which  each  house  returned  a  formal  answer. 
0.  The  vice  president  of  the  United  States  is,  by 
the  constitution,  made  president  of  the  senate,  but 
has  no  vote  except  in  case  of  an  equal  division  of  the 
senators,  when  he  has  a  casting  vote.  The  senate 
choose  a  president  pro  tempore,  that  is,  for  the  time 
being,  in  the  absence  of  the  vice  president,  or  when  he 


82  PRIVILEGES    OF    CONGRESS. 

exercises  the  office  of  president  of  the  United  States, 
It  is  the  practice  for  the  vice  president  to  vacate  the 
chair,  a  short  time  before  the  close  of  each  session,  to 
enable  the  senate  to  choose  a  president  ^^ro  tempore, 
who  may  be  already  in  office,  in  case  the  vice  presi- 
dent, in  the  recess  of  congress,  should  be  called  to 
perform  the  duties  of  chief  magistrate.  The  office  of 
president  pro  tempore  is  understood  to  terminate,  when 
the  vice  president  appears  and  takes  the  chair. 

6.  The  clerk  of  the  house  of  representatives  is 
deemed  to  continue  in  office  until  another  is  appointed ; 
which  is  usually  done  soon  after  the  commencement  of 
each  congress.  About  the  same  time,  the  house 
choose  a  sergeant  at  arms,  door  keeper,  postmaster,  and 
a  printer  to  the  house  of  representatives.  These 
officers  are  elected,  at  present,  vwa  voce,  the  speaker 
naming  commonly  three  tellers  to  superintend  the 
voting.  The  senate  choose  their  secretary,  sergeant 
at  arms  and  door  keeper,  and  assistant  door  keeper,  by 
ballot,  on  the  second  Monday  of  the  first  session  of 
each  congress ;  and  they  likewise  choose  a  printer  to 
the  senate.  Each  house  elects  a  chaplain,  at  every 
session.  The  secretary  of  the  senate  and  clerk  of 
the  house  of  representatives,  besides  taking  an  oath 
of  office,  each  give  bond,  in  the  sum  of  twenty  thou- 
sand dollars,  conditioned  for  the  faithful  application  of 
such  contingent  funds  of  their  respective  houses,  as 
shall  come  to  their  hands. 

7.  Members  of  congress  are  allowed  eight  dollars 
a  day  for  attendance,  and  the  same  sum  for  every 
twenty  miles  of  estimated  distance,  by  the  most  usual 
route,  from  their  several  places  of  residence  to  the  seat 
of  government,  at  the  commencement  and  end  of  eveiy 
session.  But  no  member  is  entitled  to  receive  a  sum 
exceeding  the  rate  of  eight  dollars  a  day,  from  the  end 
of  one  session  or  meeting,  to  the  time  of  taking  his 
seat  in  another.  The  president  of  the  senate  pro 
tempore,  when  the  vice  president  is  absent,  or  his 
office  vacant,  and  the  speaker  of  the  house  of  repre- 


PRIVILEGES    OF    CONGRESS.  83 

sentatives,  are  paid  eight  dollars  a  day  for  attendance, 
in  addition  to  their  compensation  as  members.  The 
amount  of  pay  due  to  the  senators  is  certified  by  the 
president  of  the  senate;  and  that  of  the  representa- 
tives and  delegates,  by  the  speaker. 

8.  Each  house  of  congress  is  made  the  judge  of 
the  elections,  returns,  and  qualifications  of  its  mem- 
bers, determines  the  rules  of  its  own  proceedings,  and 
is  invested  with  authority  to  punish  its  members  for 
disorderly  behavior,  and  with  the  consent  of  two  thirds, 
to  expel  a  member.  No  power  is  expressly  given  to 
punish  contempts,  committed  by  persons  not  members, 
but  it  has  been  decided  that  such  a  power  exists,  ex- 
tending, however,  not  beyond  imprisonment,  which  will 
terminate  with  the  adjournment  of  congress.  A  ma- 
jority of  each  house  constitutes  a  quorum  to  do  busi- 
ness, but  a  smaller  number  may  adjourn  from  day.  to 
day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members.  Neither  house  can,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  the  two 
houses  are  sitting  at  the  time. 

9.  Each  house  is  required  to  keep  a  journal  of  its 
proceedings,  which  is  to  be  pubhshed,  except  such 
parts  as  may,  in  their  judgment,  require  secrecy;  and 
they  are  to  enter  the  yeas  and  nays  on  any  question,  upon 
their  journal,  when  demanded  by  one  fifth  of  the  mem- 
bers present.  This  restriction  is  designed  to  prevent 
the  waste  of  time  by  a  recurrence  to  that  mode  of 
voting,  at  the  caprice  of  one  or  a  few  individuals.  The 
members  of  both  houses  are,  except  in  cases  of  treason, 
felony,  and  breach  of  the  peace,  privileged  from  aiTest, 
during  their  attendance  upon  congress,  and  whilst 
going  to  its  meetings  and  returning;  and  for  any  speech 
or  debate  in  either  house,  they  cannot  be  questioned 
elsewhere.  No  member  of  congress  is  allowed,  during 
the  time  for  which  he  was  elected,  to  hold  any  civil 
office  under  the  national  government,  which  shall  have 
been  created,  or  the  emoluments  of  it  increased,  within 
that  time. 


84      RULES  AND  PROCEEDINGS  OF  CONGRESS, 

10.  There  are,  at  present,  twenty-two  regular  standing 
committees  in  the  senate,  nineteen  consisting  of  five, 
the  others  of  three  members  each ;  and  thirty-three  in 
the  house  of  representatives,  'of  which  twenty-two 
contain  nine,  and  eleven  five  members  each.  There 
are  also,  usually,  several  select  committees  on  particu- 
lar subjects  of  immediate  but  temporary  interest.  The 
committees  are  appointed  at  the  opening  of  each  ses- 
sion, to  continue  in  office  through  the  session.  Jn 
appointing  their  committees,  the  senate,  by  ballot, 
choose,  separately,  the  chairman  of  each  committee, 
and  then,  by  one  ballot,  the  other  members  to  com- 
plete the  committee.  But  sometimes  it  is  left  to  the 
president  of  the  senate  to  fill  up  the  committees,  after 
the  several  chairmen  have  been  elected,  or  even  to 
appoint  all  the  members.  In  the  house  of  represen- 
tatives, all  committees  are  appointed  by  the  speaker, 
unless  otherwise  specially  directed  by  the  house ;  in 
which  case,  they  are  elected  by  ballot. 


CHAPTER  XXIII. 

RULES    AND    PROCEEDINGS    OF    CONGRESS. 

1.  Each  house  of  congress  has  its  own  separate 
rules ;  and  there  are  also  certain  joint  rules  of  both 
houses.  The  rules  established  by  the  house  of  repre- 
sentatives, at  least,  for  one  congress,  are  not  binding 
upon  the  succeeding  house,  until  it  has  adopted  them 
as  its  own.  But,  in  practice,  the  same  rules  are  con- 
tinued from  congress  to  congress,  with  such  occa- 
sional modifications  and  additions  as  circumstances  are 
thought  to  require.  At  the  hour  appointed  for  the 
meeting  of  either  house,  the  presiding  officer  takes  the 
chair,  and  calls  the  house  to  order.  Upon  the  appear- 
ance of  a  quorum,  the  journal  of  the  preceding  day 
is  read,  in  order  that  any  mistakes  in  the  entries  may 


RULES  AND  PROCEEDINGS  OF  CONGRESS.      85 

be  corrected.  The  speaker  of  the  house  of  represen- 
tatives is  required  to  examine  and  correct  their  jour- 
nal, before  it  is  read. 

2.  No  member  of  either  house  is  allowed  to  absent 
himself  from  its  service  without  leave.  If  a  less  num- 
ber than  a  quorum  of  the  senate  convene,  they  may 
send  the  sergeant  at  arms,  or  other  authorized  person, 
for  members  who  are  absent,  at  the  expense  of  those 
members  unless  they  shall  offer  a  satisfactoiy  excuse 
for  their  absence.  Upon  a  call  of  the  house  of  repre- 
sentatives, the  names  of  the  members  are  called  over 
by  the  clerk,  and  the  absentees  are  noted  and  called  a 
second  time.  The  doors  are  then  shut,  and  those 
present,  if  fifteen  in  number,  may  order  members  to  be 
taken  into  custody,  as  they  appear,  or  may  send  special 
messengers  for  them.  And  when  a  member  is  dis- 
charged from  custody  and  admitted  to  his  seat,  the 
house  determine  whether  or  not  he  shall  pay  fees  and 
expenses. 

3.  In  the  senate,  after  the  journal  is  read,  the  first 
business  is  the  call  for  petitions,  and  then  for  reports 
from  standing  committees.  The  special  orders  of  the 
day  are  not  to  be  called  by  the  chair  before  one  o'clock, 
unless  othei-wise  directed  by  the  senate.  In  the  house 
of  representatives,  the  speaker  first  calls  for  petitions 
from  the  several  states  and  territories,  in  their  order ; 
but  after  the  first  thirty  days  of  the  session,  petitions 
are  received  only  on  the  first  day  of  the  meeting  of  the 
house  in  each  week.  Reports  of  the  standing,  and 
then  of  the  select  committees,  and  afterwards  resolu- 
tions, are  called  for.  After  an  hour  has  been  devoted 
to  reports  of  committees  and  resolutions,  any  member 
may  move  to  proceed  to  the  orders  of  the  day.  The 
business  of  hearing  petitions,  reports  and  resolutions, 
cannot,  except  by  permission  of  the  house,  be  done  at 
any  other  time  in  the  day,  than  that  which  is  appropri- 
ated to  the  purpose. 

4.  When  a  petition  or  memorial  is  presented  in 
either  house  by  the  presiding  officer  or  a  member,  a 
brief  statement  of  the  contents  of  it  is  required  to  be 

8 


86      RULES  AND  PROCEEDINGS  OF  CONGRESS. 

verbally  made  by  the  introducer.  In  each  house,  the 
unfinished  business  in  which  that  house  was  engaged 
at  the  last  jn-eceding  adjournment,  has  the  priority  in 
the  special  orders  of  the  day.  In  the  house  of  repre- 
sentatives, the  last  two  days  in  every  week  are  set 
apart  for  the  consideration  of  private  bills,  and  private 
business,  in  preference  to  any  other,  if  not  otherwise 
decided  by  the  house.  After  six  days  from  the  com- 
mencement of  a  second  or  subsequent  session  of  any 
congress,  matters  which  originated  in  the  house  of 
representatives,  and  at  the  close  of  the  preceding  ses- 
sion remained  undetermined,  may  be  resumed  and 
acted  upon,  in  the  same  manner  as  if  no  adjournment 
had  intervened. 

5.  Every  bill,  previous  to  its  passage,  receives  in 
each  house,  three  readings,  which,  in  the  senate,  must 
be  on  three  different  days,  unless  the  senate  unani- 
mously direct  otherwise;  and  in  the  house  of  repre- 
sentatives, no  bill  can  be  read  twice  on  the  same  day 
without  the  special  order  of  the  house.  No  member 
can,  without  leave,  speak  more  than  twice  in  any  one 
debate,  on  the  same  day,  in  the  senate ;  nor,  in  the 
house  of  representatives,  more  than  twice  to  the  same 
question,  nor  more  than  once  until  every  member  has 
spoken  who  chooses  to  speak.  Questions  of  order  are 
decided  by  the  presiding  officer,  subject  to  an  appeal  to 
the  house.  If  it  be  determined  that  the  member  was 
in  order,  he  mg.y  proceed ;  otherwise  he  cannot,  unless 
the  house  grant  him  leave  to  proceed  in  order.  The 
president  of  the  senate  and  the  speaker  of  the  house, 
may  name  a  member  to  perform  the  duties  of  the  chair, 
but  such  substitution  cannot  extend  beyond  an  adjourn- 
ment. 

6.  It  is  a  standing  order  of  the  day  throughout  the 
session,  for  the  house  of  representatives  to  resolve 
itself  into  a  committee  of  the  whole  house  on  the 
state  of  the  Union,  Avhen  bills  that  have  been  twice 
read  are  taken  up  and  discussed.  In  the  senate,  bills 
on  their  second  reading  are,  regularly,  first  considered 
by  the  senate  in  the  same  manner  as  if  that  body  were 


RULES    AND    PROCEEDINGS    OF    CONGRESS  87 

in  committee  of  the  whole,  before  they  are  proceeded 
on  agreeably  to  the  standing  rules.  Bills  for  raising 
revenue  must,  by  the  constitution,  originate  in  the 
house  of  representatives-;  but  the  senate  may  pro- 
pose or  concur  with  amendments,  as  on  other  bills.  No 
amendment  can  be  received  for  discussion  at  the  third 
reading  of  any  bill  in  the  senate,  except  by  unanimous 
consent  of  the  members  present ;  but  at  any  time  be- 
fore its  final  passage,  a  bill  may  be  committed.  In  the 
house  of  representatives,  no  amendment  by  way  of 
rider  is  allowed  to  any  bill  on  its  third  reading. 

7.  -  In  taking  the  vote,  if  the  question  be  one  of  much 
importance,  the  yeas  and  nays  are  commonly  called  for. 
In  that  case,  the  presiding  officer  states  what  the  ques- 
tion is,  and  that  it  is  proposed  that  the  yeas  and  nays 
be  entered  on  the  journal ;  and  requests  those  who 
desire  it,  to  rise.  If  one  fifth  of  the  members  present 
rise,  he  then  calls  upon  those  who  are  in  favor  of  the 
proposition,  to  answer  in  the  affirmative,  and  those  of 
the  contrary  opinion,  to  answer  in  the  negative.  The 
clerk  or  secretary  then  calls  over  the  names  of  the 
members,  alphabetically,  notes  the  yea  or  nay  of  each, 
and  hands  the  list  to  the  presiding  officer,  who  an- 
nounces the  result  of  the  vote.  Every  member  in  the 
house  is  required  to  vote,  unless,  for  special  reasons,  he 
shall  be  excused  by  the  house. 

8.  When  the  senate  are  equally  divided  upon  a 
question,  the  secretary  takes  the  decision  of  their 
president.  The  speaker  of  the  house  is  allowed  to 
vote  in  all  cases  of  ballot,  but  not  in  other  cases,  un- 
less the  house  be  equally  divided,  or  unless  his  vote,  if 
given  to  the  minority,  will  make  the  division  equal;  and 
in  case  of  such  equal  div^ision,  the  question  is  lost. 
After  a  question  has  been  carried  in  the  affirmative  or 
negative,  any  member  of  the  majority  may  move  for  a 
reconsideration  of  it.  But  this,  in  the  senate,  must  be 
done  on  the  day  the  vote  was  taken,  or  within  the  next 
two  days  of  actual  session  of  the  senate,  and  while 
the  subject  matter  is  in  their  possession.  In  the  house 
of  representatives,  the  motion  must  be  made  on  the 


88  RULES    AND    PROCEEDINGS    OF    CONGRESS. 

same  or  the  succeeding  day,  and  it  takes  precedence  of 
all  other  motions,  except  to  adjourn. 

9.  In  general,  no  rule  of  the  house  of  represen- 
tatives can  be  suspended,  nor  the  established  order  of 
business  changed,  except  by  a  vote  of  two  thirds  of  the 
members  present.  When  a  bill  which  has  passed  in 
one  house  is  rejected  in  the  other,  notice  of  the  rejec- 
tion is  given  to  the  house  in  which  the  bill  passed ;  and 
such  a  bill  cannot  be  again  brought  in,  during  the  same 
session,  without  ten  days'  notice,  and  leave  of  two 
thirds  of  the  house  in  which  it  is  renewed.  It  is  a  joint 
rule,  though  sometimes  dispensed  with,  that  no  bill 
which  has  passed  one  house  shall  be  sent  to  the  other 
for  concurrence,  on  either  of  the  last  three  days  of  the 
session ;  and  that  no  bill  shall  be  presented  to  the  presi- 
dent for  his  approbation,  on  the  last  day  of  the  session. 

10  When  nominations  are  made  in  writing  by  the 
president  of  the  United  States  to  the  senate,  a  future 
day  is  assigned  for  taking  them  into  consideration,  un- 
less the  senate  unanimously  direct  otherwise.  All 
information  or  remarks,  concerning  the  character  or 
qualifications  of  any  person  thus  nominated  to  office, 
and  all  confidential  communications,  made  by  the  pres- 
ident to  the  senate,  are  required  to  be  kept  secret  by 
the  members.  While  acting  on  confidential  or  execu- 
tive business,  the  senate  chamber  is  cleared  of  all  per- 
sons, except  the  members  and  officers  of  the  senate. 
In  like  manner,  when  confidential  communications  from 
the  president  are  received  by  the  house  of  representa- 
tives, the  house  is  cleared,  and  so  continues  while  such 
matters,  or  others  requiring  secrecy,  are  under  consider- 
ation. And,  at  any  time,  in  case  of  disturbance  or 
disorderly  conduct  in  the  galleries  or  lobby,  the  speaker 
is  authorized  to  order  them  to  be  cleared. 

11.  When  a  treaty  is  laid  before  the  senate  for 
ratification,  it  is  read  first  for  information  only.  Its 
second  reading  is  for  consideration,  and  is  on  a  subse- 
quent day,  when  it  is  taken  up  as  in  committee  of  the 
whole,  and  the  question  may  be  moved  on  any  particu- 
lar article,  ''  Will  the  senate  advise  and  consent  to  the 


POWERS    OF    CONGRESS.  89 

ratification  of  this  article  ?  "  So,  also,  amendments  may 
be  proposed,  either  by  inserting,  or  omitting  words  ;  and 
in  the  latter  case,  the  qnestion  is,  "  Shall  tlie  words 
stand  as  part  of  the  article  ? "  When  through  the 
whole,  and  the  proceedings  in  committee  have  been 
confirmed  in  the  senate  proper,  the  votes  are  reduced 
into  the  form  of  a  resolution  for  the  ratification,  with  or 
^vithout  modification,  as  shall  have  been  determined. 
The  resolution  is  proposed  on  a  subsequent  day,  when 
any  one  may  move  amendments  to  it.  In  all  these 
cases,  and  on  the  final  question  for  the  ratification  in  the 
form  agreed  to,  the  concurrence  of  tw^o  thirds  of  the 
senators  present  is  requisite  to  decide  afiumatively. 


CHAPTER  XXIV. 

POWERS    OF    CONGRESS. 

1.  The  powers  of  congress  are  either  expressly 
confen-ed  by  the  constitution,  or  are  derived  from  it  by 
implication.  The  powers  specially  enumerated  are,  to 
lay  and  collect  taxes,  duties,  imposts  and  excises,  to 
pay  the  debts,  and  provide  for  the  common  defence 
and  general  welfare  of  the  Union;  to  borrow  money 
on  the  credit  of  the  United  States ;  to  regulate  com- 
merce with  foreign  nations,  and  among  the  several 
states,  and  with  the  Indian  tribes ;  to  establish  a  uni- 
form rule  of  naturalization,  and  uniform  bankrupt  laws, 
throughout  the  United  States ;  to  coin  money,  regulate 
the  value  of  it,  and  of  foreign  coin,  and  fix  the  standard 
of  weights  and  measures ;  to  provide  for  the  punish- 
ment of  counterfeiting  the  securities  or  coin  of  the 
United  States;  to  establish  post  offices  and  post  roads; 
to  promote  science  and  the  useful  arts,  by  securing,  for 
limited  times,  to  authors  and  inventors,  the  exclusive 
right  to  their  writings  and  discoveries  ; 

2.  To  constitute  tribunals  inferior  to  the  supreme 

8* 


90  POWERS    OF    CONGRESS. 

court ;  to  define  and  punish  piracies  and  felonies  com- 
mitted on  the  liigh  seas,  and  offences  against  the  law  of 
nations ;  to  declare  war,  grant  letters  of  marque  and  re- 
prisal, and  make  rules  concerning  captures ;  to  raise, 
maintain,  and  govern  armies  and  a  navy;  to  provide  for 
calling  out,  organizing,  and  disciplining  the  militia ;  to 
admit  new  states  into  the  Union ;  to  dispose  of,  and 
make  regulations  respecting  the  territory  or  other  prop- 
erty of  the  United  States ;  to  exercise  exclusive  legis- 
lation over  the  district  wherein  is  the  seat  of  the 
national  government,  and  over  all  places  purchased  of 
the  states,  for  the  erection  of  forts,  magazines,  arsenals, 
dock  yards,  and  other  needful  buildings ;  and  to  make 
all  laws  that  may  be  necessary  and  proper  for  carrying 
into  execution  the  powers  vested  by  the  constitution 
in  the  government  of  the  United  States,  or  in  any 
department  or  officer  of  it. 

3.  The  power  of  taxation,  above  specified,  is  gener- 
ally understood  as  coupled  with  the  clause  that  follows 
it ;  as  given,  that  is,  for  the  purpose  of  raising  the  means 
to  pay  the  public  debts  and  provide  for  the  common 
defence  and  welfare.  Taxes,  in  a  large  sense,  may  be 
said  to  include  all  charges,  of  whatever  name  or  kind, 
imposed  upon  the  people,  for  the  use  of  the  govern- 
ment. The  word  duties  is  most  frequently  employed 
in  the  sense  of  customs,  or  money  collected  upon  im- 
ports and  exports.  The  term  imposts,  though  properly 
applicable  to  all  taxes  imposed  or  laid  upon  goods  and 
merchandise,  is  often  restricted  to  the  duties  levied 
upon  snch  commodities  as  are  imported,  or  brought  into 
the  country  from  abroad.  Excises  commonly  signify 
inland  charges,  which  are  laid  upon  the  consumption, 
sale  or  manufacture  of  articles,  within  the  countr^^ 
All  duties,  imposts,  and  excises  are  required  to  be  uni- 
form throughout  the  United  States. 

4.  Piracy  is  robbery,  or  forcible  depredation,  on  the 
high  seas.  The  iern\  felony  is  applied  to  offences  of  an 
atrocious  nature,  and  commonly  to  such  as  are  punish- 
able with  death.  The  high  seas  are  understood  to  be- 
gin at  loic  water  m<irk,  or  the  place  to  which  the  water 


POWERS    OF    CONGRESS.  91 

recedes,  when  the  tide  is  at  its  ebb,  and  to  embrace  all 
the  waters  of  the  ocean,  and  those  on  the  seacoast 
below  that  point.  The  laio  of  nations  denotes  the  rules 
and  regulations  which  custom  has  prescribed,  in  rela- 
tion to  the  rights  and  duties  of  nations  and  their  sub- 
jects, in  their  intercourse  with  each  other.  Letters  of 
marque  and  reprisal  are  commissions  granted  by  the 
government  to  individuals,  authorizing  them  to  seize 
the  property  of  a  foreign  state,  or  of  its  subjects,  as 
a  reparation  for  injuries  suffered. 

5.  There  are  certain  express  prohibitions  laid  upon 
congi-ess  by  the  constitution.  The  writ  of  habeas 
corpus  shall  not  be  suspended,  unless  when  in  cases 
of  rebellion  or  invasion  the  public  safety  may  require 
it.  No  bill  of  attainder,  or  ex  post  facto  law,  may  be 
passed.  No  capitation  or  other  direct  tax  can  be  laid, 
unless  in  proportion  to  the  census.  No  tax  or  duty  shall 
be  laid  on  articles  exported  from  any  state.  No  prefer- 
ence is  to  be  given,  by  any  regulation  of  commerce  or 
revenue,  to  the  ports  of  one  state  over  those  of  another. 
No  title  of  nobility  may  be  granted  by  the  United  States ; 
and  no  person  holding  any  office  of  profit  or  trust  under 
them,  can,  without  the  consent  of  congress,  accept  of 
any  present,  office  or  title  from  any  king,  or  foreign 
state.  Congress  can  make  no  law  respecting  an  es- 
tablishment of  religion,  or  prohibiting  the  free  exercise 
of  it;  or  abridging  the  freedom  of  speech,  or  of  the 
press ;  or  the  right  of  the  people  peaceably  to  assem- 
ble, and  to  petition  the  government  for  a  redress  of 
giievances. 

6.  A  hill  of  attainder  is  properly  an  act  passed  by 
the  legislature,  convicting  a  person  of  a  capital  or  other 
heinous  crime,  without  a  trial,  or  legal  proof  of  his  guilt. 
It  is  a  substitution  of  the  despotic  will  of  a  legislative 
body,  in  the  place  of  a  regular  trial  by  jury,  before  a 
court  of  justice,  and  according  to  the  rules  and  forms  of 
law.  Ex  post  facto  laws  are  such  as  have  a  retrospec- 
tive operation.  As  here  used,  the  phrase  relates  to 
penal  and  criminal  proceedings,  imposing  punishments 
or  forfeitures.     An  ex  post  facto  law  has  been  defined 


92  FOWERS    OF    CONGRESS. 

to  be  one  which  makes  an  act  punishable  in  a  manner 
in  which  it  was  not  punishable  when  it  was  committed. 
The  effect  of  such  laws  is  to  create  or  aggravate  public 
offences,  by  declaring  acts  criminal  which,  at  the  time 
they  were  done,  were  innocent  and  lawful,  or  by  annex- 
ing a  heavier  penalty  to  acts,  which  were  in  a  degree 
criminal  when  committed. 

7.  Treason  against  the  United  States  is  defined  by 
the  constitution  to  consist  only  in  levying  war  against 
them,  or  adhering  to  their  enemies,  giving  them  aid 
and  comfort.  To  convict  a  person  of  this  crime  re- 
quires the  testimony  of  two  witnesses  to  the  same  overt, 
or  ope7i  act ;  or  confession  in  open  court.  Congress  is 
authorized  to  declare  the  punishment  of  treason,  but  it 
is  provided  that  no  attainder  of  treason  shall  work  cor- 
ruption of  blood,  or  forfeiture,  except  during  the  life  of 
the  person  attainted.  By  attainder  of  treason  is  de- 
noted the  condition  of  a  person  after  judicial  convic- 
tion and  sentence  for  treason.  By  the  common  law, 
the  regular  consequences  of  attainder  were  forfeiture 
and  corruption  of  blood;  that  is,  the  estate  of  the  attaint- 
ed person  was  forfeited,  or  confiscated  to  the  crown, 
and  his  blood  lost  all  inheritable  qualities,  so  that  he 
could  neither  inherit  real  estate  himself  from  any 
ancestor,  nor  hold  that  he  already  possessed,  nor  trans- 
mit it  to  any  heir ;  and,  moreover,  he  obstructed  all  de- 
scents to  his  posterity,  wherever  they  were  obliged  to 
derive  a  title  through  him  from  a  more  remote  ancestor. 

8.  A  capitation  tax,  is  ^poU  tax,  or  a  tax  upon  the 
person.  Direct  taxes  are  such  as  are  assessed  directly 
upon  the  persons  or  estates  of  citizens,  in  contradistinc- 
tion to  taxes  which  are  raised  indirectly,  from  duties 
and  imposts  levied  upon  goods  and  merchandise,  and 
which  are  paid  by  those  who  import,  manufacture, 
consume,  or  traffic  in  the  articles  subject  to  such  duties. 
Direct  taxes  are  laid  in  proportion  to  the  census,  the 
numbers  being  determined  according  to  the  same  rule  as 
for  the  apportionment  of  representatives ;  so  that  they 
are  imposed  for  three  fifths  of  the  slaves,  as  well  as  for 
all  free  persons.     This  provision  in,  regard   to  direct 


POWERS    OF    CONGRESS.  93 

taxes  was  considered  as  in  some  sort  a  counterpoise 
for  allowing  that  proportion  of  the  slaves  to  be  repre- 
sented. But  in  fact,  it  has  been  of  little  practical 
importance,  since  direct  taxes  have  been  but  rarely 
laid,  there  having  been  no  more  than  three  or  four 
since  the  constitution  was  adopted. 

9.  The  constitution  also  imposes  some  restrictions 
upon  the  states.  It  declares  that  no  state  shall  enter 
into  any  treaty,  alliance  or  confederacy ;  grant  letters 
of  marque  and  reprisal;  coin  money;  emit  bills  of  cred- 
it; make  any  thing  but  gold  and  silver  coin  a  tender 
for  debts  ;  pass  any  bill  of  attainder,  ex  post  facto  law, 
or  law  impairing  the  obligation  of  contracts ;  or  grant 
any  title  of  nobility.  jMo  state  is  allowed,  without  the 
consent  of  congress,  to  lay  any  duties  on  imports  or 
exports,  except,  under  certain  restrictions,  for  executing 
its  inspection  laws.  Neither  can  any  state,  without 
the  like  consent,  impose  any  duty  on  tonnage,  keep 
troops  or  ships  of  war  in  time  of  peace,  or  enter  into 
any  agreement  or  compact  with  another  state,  or  with 
a  foreign  power,  or  engage  in  war,  unless  actually 
invaded,  or  in  such  imminent  danger  as  will  not  admit 
of  delay. 

10.  Besides  those  that  have  been  already  refen-ed 
to,  there  are  some  salutary  provisions  of  a  general 
nature,  designed  as  safeguards  against  encroachments 
upon  the  liberties  of  the  people.  It  is  provided  that  the 
right  of  the  people  to  keep  and  bear  arms  shall  not  be 
infringed.  No  soldier  can,  in  time  of  peace,  be  quar- 
tered in  any  house,  without  the  consent  of  the  owner ; 
nor,  in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law.  Private  property  cannot  be  taken  for  public  use, 
without  just  compensation.  It  is  declared  that  the  right 
of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated;  and  that  no  warrants 
shall  issue  but  upon  probable  cause,  supported  by  oath 
or  affirmation,  and  particularly  describing  the  place  to 
be  searched,  and  the  persons  or  things  to  be  seized. 


94  NATIONAL    JUDICIARY. 

CHAPTER  XXV. 

THE    NATIONAL    JUDICIARY. 

1.  By  the  constitution,  the  judicial  power  of  the 
United  States  is  vested  in  a  supreme  court,  and  in  such 
inferior  courts  as  congress  may,  from  time  to  time, 
order  and  establish.  Congress  has  established  circuit 
courts,  which  are  courts  of  limited,  though  not  of  inferior 
jurisdiction,  and  district  courts.  The  judicial  power  ex- 
tends to  all  cases  arising  under  the  constitution,  the 
laws  and  treaties  of  the  United  States ;  to  all  cases 
affecting  ambassadors,  other  public  ministers  and  con- 
suls; to  all  cases  of  admiralty  and  maritime  jurisdic- 
tion; to  controversies  to  w^liich  the  United  States  are  a 
party;  to  controversies  between  two  or  more  states; 
between  a  state,  when  plaintiff,  but  not  otherwise,  and 
citizens  of  another  state,  or  foreigners ;  between  citi- 
zens of  different  states ;  between  citizens  of  the  same 
state  claiming  lands  under  grants  of  different  states  ; 
between  a  state,  or  its  citizens,  and  foreign  states ;  and 
bet^veen  citizens  of  a  state  and  foreigners. 

2.  The  original  jurisdiction  of  the  supreme  court, 
meaning  thereby  its  authority  to  entertain  suits  com- 
menced there  in  the  first  instance,  is  very  limited,  ex- 
tending only  to  cases  in  which  a  state  is  a  party,  and  to 
cases  affecting  ambassadors,  other  public  ministers  and 
consuls.  And  in  these  cases,  where  a  suit  is  brought 
hy  a  state  against  citizens  or  aliens,  or  hy  an  ambas- 
sador or  other  public  minister^  or  where  a  consul  or 
vice  consul  is  a  party,  the  jurisdiction  of  the  supreme 
court  is  not  exclusive  ;  that  is,  the  suit  is  not  necessarily 
brought  in  that  court.  The  supreme  court  has  likewise 
a]7pellate  jurisdiction  in  some  cases  brought  from  the 
circuit  and  territorial  courts  of  the  United  States,  and 
from  the  state  courts ;  by  which  is  intended,  that  it 
has  a  right  to  revise  the  decision  in  certain  cases  where 


JURISDICTION    OF    THE    COURTS.  95 

suits  have  been  instituted  and  decided  in  tliose  courts. 
It  is  this,  in  fact,  which  constitutes  the  principal  part 
of  the  business  of  the  supreme  court. 

3.  Final  judgments  and  decrees  in  the  circuit  courts, 
in  cases  where  the  matter  in  dispute  exceeds  two  thou- 
sand dollars,  exclusive  of  costs,  may  be  removed  to  the 
supreme  court,  and  there  re-examined,  and  reversed  or 
affirmed ;  and  if  reversed,  judgment  is  rendered  in 
the  supreme  court,  or,  in  certain  cases,  the  cause  is 
sent  back  to  the  circuit  court,  for  final  disposition. 
And  the  same  may  be  done  in  respect  to  decisions  in 
the  circuit  court  of  the  District  of  Columbia,  where 
the  matter  in  dispute,  exclusive  of  costs,  exceeds  one 
thousand  dollars,  and  in  particular  cases,  where  it  ex- 
ceeds one  hundred  dollars.  So,  also,  final  decisions  in 
the  highest  court  of  each  of  the  organized  territories, 
may  be  carried  to  the  supreme  court,  in  the  same  man- 
ner, and  under  the  same  regulations  as  from  the  cir- 
cuit courts  of  the  United  States,  where  the  amount  in 
controversy,  to  be  ascertained  by  the  oath  of  either 
party,  exceeds  one  thousand  dollars.- 

4.  In  like  manner,  any  final  judgment  or  decree  in 
the  highest  court  of  law  or  equity  of  any  state,  may 
be  brought  up  to  the  supreme  court  of  the  United 
States,  on  error  in  point  of  law,  where  the  validity  of 
any  treaty,  statute  or  authority  of  the  United  States  was 
drawn  in  question,  in  the  state  court,  and  the  decision 
was  against  the  validity ;  or  where  the  validity  of  any 
state  authority  was  drawn  in  question  on  the  ground  of 
its  being  repugnant  to  the  constitution,  treaties  or  laws 
of  the  United  States,  and  the  decision  was  in  favor  of 
the  validity ;  or  where  the  construction  of  any  clause 
of  the  constitution,  or  of  a  treaty,  statute  or  commis- 
sion of  the  United  States,  w^as  drawn  in  question,  and 
the  decision  w^as  against  the  right  or  privilege  claimed 
under  the  authority  of  such  clause. 

5.  The  circuit  courts  have  original  cognizance,  con- 
current w^th  the  state  courts,  that  is,  the  suits  may  be 
brought  in  either,  of  all  actions  of  a  civil  nature,  where 
the  matter  exceeds  five  hundred  dollars,  exclusive  of 


96  JURISDICTION    OF    THE    COURTS, 

costs,  and  the  United  States  are  plaintiffs,  or  an  alien  is 
a  party,  or  the  suit  is  between  a  citizen  of  the  state 
where  the  suit  is  brought  and  a  citizen  of  another 
state.  They  have  original  jurisdiction  in  all  suits  aris- 
ing under  laws  granting  patents  and  copyrights,  mid  in 
some  cases  growing  out  of  the  revenue  laws  of  the 
United  States.  They  have,  likewise,  exclusive  cogni- 
zance of  capital  crimes  against  the  United  States,  and 
concurrent  jurisdiction  of  the  crimes  and  offences  cog- 
nizable in  the  district  court.  They  have  appellate  juris- 
diction of  final  decrees  and  judgments  in  civil  actions, 
in  a  district  court,  where  the  matter  in  dispute  exceeds 
fifty  dollars,  exclusive  of  costs.  And  in  certain  cases 
under  the  bankrupt  law,  they  have  concurrent  jurisdic- 
tion with  the  district  court,  as  well  as  the  right  to  en- 
tertain appeals  and  questions  from  that  court. 

6.  The  district  courts  have  exclusive  original  cogni- 
zance of  all  civil  causes  of  admiralty  and  maritime 
jurisdiction,  which  are  causes  respecting  acts  or  injuries 
done  on  the  high  seas,  or  on  the  seacoast,  or  growing 
out  of  maritime  contracts  or  claims,  and  including 
seizures  under  impost,  navigation  and  trade  laws  of  the 
United  States,  and  other  seizures  made  within  their 
respective  districts,  or  on  the  high  seas.  They  have 
also  concurrent  jurisdiction  with  the  circuit  courts,  of 
all  crimes  and  offences  against  the  United  States,  the 
punishment  of  which-  is  not  capital.  And  in  those 
districts  where  the  business  of  the  court  demands  it, 
the  district  courts  are  required  to  hold  monthly  adjourn- 
ments of  the  regular  terms,  for  the  trial  and  hearing  of 
criminal  causes.  The  district  courts  have  jurisdiction 
of  all  matters  in  bankruptcy,  to  be  exercised  summa- 
rily ;  and  for  that  purpose  they  are  deemed  to  be  al- 
ways open. 

7.  The  constitution  provides  that  the  trial  of  all 
crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury.  The  trial  is  required  to  be  held  in  the  state 
where  the  crime  was  committed;  or  when  not  com- 
mitted within  any  state,  at  such  place  as  congress  may 
by  law  have  previously  directed.     It  is  also  declared, 


COURTS  OF  THE  UNITED  STATES.  97 

that  in  suits  at  common  law,  where  the  vahie  in  con- 
troversy exceeds  twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved.  In  the  district  courts,  in  all 
civil  causes  except  those  of  admiralty  and  maritime 
jurisdiction ;  and  in  the  circuit  courts,  in  all  suits  except 
those  of  admiralty,  maritime  and  equity  jurisdiction,  the 
trial  of  issues  of  fact  is  required  to  be  by  jury.  And 
issues  of  fact,  in  the  supreme  court,  in  all  actions  at  law 
against  citizens  of  the  United  States,  must  be  tried  \fy 
jury.  It  seldom  happens,  however,  that  issues  of  fact 
come  up  to  be  tried  in  the  supreme  court. 

8.  Jurors  to  serve  in  the  courts  of  the  United  States, 
in  each  state,  are  required  to  have  the  like  qualifica- 
tions, and  are  entitled  to  the  like  exemptions,  as  jurors 
of  the  highest  court  of  law  of  that  state ;  and  they  are 
to  be  designated  and  empanelled,  as  far  as  may  be, 
conformably  to  the  mode  practised  in  the  state.  They 
are  taken  from  such  parts  of  the  judicial  district  as  the 
court  shall  direct,  so  as  best  to  secure  an  impartial  trial, 
and,  at  the  same  time,  not  to  occasion  unnecessary  ex- 
pense, or  unduly  burden  the  citizens  of  any  part  of  the 
district  with  the  service.  Jurors  are  summoned  and 
returned  by  the  marshal  of  the  district,  or  his  deputy. 
The  compensation  of  jurors,  as  also  that  of  "udtnesses, 
in  the  courts  of  the  United  States,  is  one  dollar  and 
twenty-five  cents  for  each  day's  attendance,  and  five 
cents  a  mile  for  travel,  in  going  and  returning. 


CHAPTER  XXVI. 

COURTS    OF    THE    UNITED    STATES. 

1.  The  judges,  both  of  the  supreme,  and  of  the  in- 
ferior courts,  are  appointed  by  the  president,  with  the 
advice  and  consent  of  the  senate.  They  hold  their 
offices  during  good  behavior,  and  are  removable  only 
by  impeachment.  For  their  services  they  receive  a 
9 


98  SUPREME    AND    CIRCUIT    COURTS. 

compensation  which  is  estabhshed  by  law,  and  which 
cannot  be  diminished  during  their  continuance  in  office. 
No  judge,  appointed  under  the  authority  of  the  United 
States,  can  exercise  the  profession  of  counsel  or  attor- 
ney, or  be  engaged  in  the  practice  of  law.  The  judges 
of  the  territorial  courts  are  appointed  by  the  president 
and  senate,  but  hold  their  office  for  the  term  of  four 
years  only,  except  in  Wisconsin,  and  in  the  District  of 
Columbia,  where  the  tenure  is  during  good  behavior. 

2.  The  supreme  court  consists  of  a  chief  justice 
and  eight  associate  justices,  any  five  of  w^hom  consti- 
tute a  quorum.  It  holds  a  session  annually  at  the  city 
of  Wasliington,  commencing  on  the  second  Monday  in 
January,  and  continuing  usually  two  or  three  months. 
If  there  is  not  a  quorum  present  at  the  commencement 
of  any  session,  a  smaller  number  may  adjourn  the 
court  from  day  to  day,  for  twenty  days,  unless  the 
required  number  shall  sooner  -attend.  The  associate 
justices  have  precedence  according  to  the  date  of  their 
commissions,  or  where  the  commissions  of  two  or  more 
of  them  bear  date  the  same  day,  according  to  their  res- 
pective ages.  The  salary  of  the  chief  justice  is  five 
thousand  dollars  a  year ;  that  of  the  associate  justices, 
four  thousand  five  hundred  dollars  each. 

3.  The  United  States  are  divided  into  nine  judicial 
circuits,  and  in  each  district  of  these  circuits  there  are 
usually  two  circuit  courts  held,  annually,  and  the  pre- 
siding judge  may  appoint  special  sessions,  at  his  dis- 
cretion. The  circuit  courts  are  composed  of  one  judge 
of  the  supreme  court  and  the  district  judge  of  the 
district  in  which  the  circuit  court  is  held.  The  judge 
of  the  supreme  court  may  hold  the  circuit  court  alone, 
in  case  the  district  judge  is  absent,  or  if  he  has  been  of 
counsel  or  is  interested  in  the  suit.  In  some  of  the 
districts  the  respective  district  judges  are  authorized  to 
hold  the  circuit  courts,  and  sometimes  circuit  court 
jurisdiction  and  powers  are  given  to  district  courts,  by 
special  provisions  of  law. 

4.  The  circuit  court  may  be  adjourned  from  day  to 
day,  by  the  district  judge,  or  if  neither  of  the  judges 


DISTRICT    AND    TERRITORIAL    COURTS.  99 

be  present  at  the  commencement  of  the  term,  either  of 
them  may,  by  a  written  order  to  the  marshal,  adjourn 
the  court  from  time  to  time,  as  the  case  may  require. 
Where  any  question  arises  in  the  circuit  court,  upon 
which  the  opinions  of  the  two  judges  are  opposed,  the 
point  upon  which  the  disagreement  happens  may  be 
certified,  under  the  seal  of  the  court,  to  the  supreme 
court  of  the  United  States,  there  to  be  finally  decided. 
But  in  cases  removed  from  a  district  court  to  a  circuit 
court,  the  district  judge  has  not  a  right  to  vote,  but 
judgment  is  to  be  rendered  in  conformity  to  the  opinion 
of  the  judge  of  the  supreme  court,  presiding  in  the 
circuit  court. 

5.  Each  state  of  the  Union  composes  one  or  more 
judicial  districts,  and  for  each  state  there  is  one  district 
judge ;  and  two  for  the  several  states  of  New  York, 
Pennsylvania  and  Virginia.  Six  of  the  other  states 
contain  either  two  or  three  districts  each,  but  in  those 
states  a  single  judge  holds  the  courts  in  all  the  districts 
within  his  own  state.  The  judicial  districts  are  estab- 
lished by  congress,  and  are  frequently  altered,  as  occa- 
sion is  thought  to  demand.  Each  district  court  is 
required  to  hold,  more  commonly  four,  but  several  of 
them  only  two  regular  sessions,  every  year.  In  three 
districts,  but  one  session,  annually,  is  prescribed;  in 
three  others,  more  than  four  in  a  year  are  required.  The 
district  judges,  generally,  are  authorized  to  hold  spe- 
cial courts,  at  their  discretion.  The  annual  compen- 
sation of  district  judges  varies  from  one  thousand 
to  three  thousand  five  hundred  dollars. 

6.  In  each  of  the  organized  territories  of  the  United 
States,  there  are  courts  estabhshed  by  congress.  The 
liighest  court  holds  a  session,  annually,  as  a  court  of 
appeals,  at  the  seat  of  government  of  the  territory. 
The  territories  are  divided  into  districts,  in  each  of 
which  courts  are  held  by  a  single  judge  of  the  highest 
court.  These  courts,  in  cases  arising  under  the  consti- 
tution and  laws  of  the  United  States,  are  invested  with 
the  powers  and  jurisdiction  of  circuit  and  district  courts 
of  the  United  States,  and  from  them  causes  may  be 


100  OFFICERS    OF    THE    COURTS. 

carried  to  the  highest  court  of  the  territory,  and  thence, 
in  the  cases  and  in  the  manner  provided  by  law,  to  the 
supreme  court  of  the  United  States.  The  District  of 
Columbia  has  a  local  circuit  court,  consisting  of  three 
judges,  and  a  district  court,  which  is  held  by  the  chief 
justice  of  the  circuit  court,  for  that  district. 

7.  The  attorneij  general  of  the  United  States  con- 
ducts all  suits  in  the  supreme  court,  in  which  the 
United  States  are  concerned.  In  each  judicial  district, 
and  in  each  of  the  territories  of  the  United  States,  and 
the  District  of  Columbia,  there  is  a  district  attorney, 
whose  duty  it  is  to  prosecute,  within  his  district  or  ter- 
ritory, all  delinquents  for  crimes  and  offences  cogniza- 
ble under  the  authority  of  the  United  States,  and  all 
civil  actions  in  which  the  United  States  are  interested. 
District  attorneys  are  appointed  by  the  president,  with 
the  approval  of  the  senate,  for  the  term  of  four  years, 
but  may  be  removed  at  the  pleasure  of  the  president. 
They  are  required  to  make  to  the  secretary  of  the 
treasury,  on  the  first  of  January  and  July  in  each  year, 
a  written  report,  verified  by  oath,  of  all  fees  and  emol- 
uments of  their  offices,  of  every  kind;  and  if  these 
amount,  exclusive  of  their  necessary  office  expenses 
and  clerk  hire,  to  more  than  six  thousand  dollars  a 
year,  the  overplus  is  to  be  paid  into  the  public  treasury. 

8.  The  clerk  of  the  supreme  court  is  appointed  by 
the  court,  and  is  required  to  reside  and  keep  his  office 
at  the  seat  of  the  national  government.  The  district 
courts  appoint  their  clerks,  and  until  recently,  the  clerk 
for  each  district  court  was  clerk  also  of  the  circuit  court 
in  the  district.  But.it  is  now  provided,  that  the  circuit 
courts  shall  have  the  appointment  of  their  own  clerks, 
and  in  case  of  disagreement  between  the  judges,  the 
judge  of  the  supreme  court,  presiding  in  the  district, 
makes  the  appointment.  The  clerks  are  required  to 
give  bonds  in  the  sum  of  two  thousand  dollars  each. 
They  are  paid  by  fees  and  emoluments,  of  which  they 
are  required  to  make  the  same  returns  as  the  district 
attorneys ;  but  no  one  may  retain  exceeding  three  thou- 
sand five  hundred  dollars  as  clerk  of  the  district  court, 


CHOICE    OF    PRESIDENT    AND    VICE    PRESIDENT.        101 

or  two  thous^d  five  hundred  dollars  as  clerk  of  the 
circuit  court,  or  six  thousand  dollars  for  both,  over  and 
above  his  necessary  office  expenses  and  clerk  hire. 

9.  Marshals  in  the  courts  of  the  United  States  are 
analogous  to  sheriffs  in  the  state  courts,  and  their 
duties  are  similar.  They  are  appointed,  one  for  each 
judicial  district,  and  each  territory,  and  the  District  of 
Columbia,  by  the  president,  with  the  approbation  of  the 
senate,  for  the  term  of  four  years,  unless  sooner  re- 
moved by  the  president.  Marshals  are  authorized  to 
appoint  deputies,  who  are  removable  at  the  pleasure  of 
the  marshal,  or  of  the  judge  of  the  district  court,  or 
circuit  court  sitting  within  the  district.  Each  marshal 
is  required  to  give  bond  in  the  sum  of  twenty  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  by  himself  and  his  deputies.  The 
marshals  are  bound  to  make  the  same  returns  as  the 
district  attorneys  and  clerks,  and  no  marshal  may  retain 
out  of  the  fees,  for  his  compensation,  a  sum  exceeding 
six  thpusand  dollars  a  year,  exclusive  of  the  reasonable 
compensation  to  his  deputies,  and  his  necessary  office 
expenses  and  clerk  liire. 


CHAPTER  XXVII. 

CHOICE    OF    PRESIDENT    AND    VICE    PRESIDENT. 

1.  The  executive  power  of  the  United  States  is 
vested  in  a  President,  who  is  required  to  be  a  natural 
borii  citizen,  or  a  citizen  of  the  United  States  at  the 
time  of  the  adoption  of  the  constitution,  to  be  at  least 
thirty-five  years  of  age,  and  to  have  been  fourteen  years 
a  resident  within  the  United  States.  There  is  a  Vice 
President  chosen  at  the  same  time  with  the  president, 
and  no  person  constitutionally  ineligible  to  the  office  of 
president,  is  eligible  to  that  of  vice  president.  The 
president  and  vice  president  hold  their  offices  for  four 
9# 


102  CHOICE    OF    PRESIDENT 

years  from  the  4th  of  March  next  af^r  the  regular 
time  of  their  election ;  and  they  are  both  chosen  in  the 
following  manner. 

2.  Each  state  appoints,  "in  such  manner  as  its  legis- 
lature may  direct,  a  number  of  electors  equal  to  the 
whole  number  of  senators  and  representatives  to 
which  the  state  is  entitled  in  congress,  according  to 
the  apportionment  then  last  estabhshed  by  law;  but 
no  senator  or  representative,  or  person  holding  any 
office  of  profit  or  trust  under  the  United  States,  can  be 
an  elector.  The  particular  mode  of  appointing  the 
electors  is  not  prescribed  by  the  constitution  ;  but  in 
practice,  it  is  believed,  they  are  invariably  chosen,  at 
present,  by  the  qualified  voters  in  each  state,  voting 
by  general  ticket  throughout  the  state,  except  in  South 
Carolina,  where  they  are  elected  by  the  legislature. 
In  some  of  the  states,  the  electors  have  sometimes 
been  chosen  by  districts,  in  the  same  manner  as  repre- 
sentatives are  now  required  to  be  chosen. 

3.  It  is  provided  by  act  of  congress,  that  the  elec- 
tors shall  be  appointed  within  thirty-four  days  pre- 
ceding the  first  Wednesday  in  December  of  every 
fourth  year  succeeding  the  last  election.  On  that 
Wednesday,  the  electors  of  the  several  states  meet  at 
such  place  in  their  respective  states,  as  is  directed  by 
the  legislature  of  each,  and  vote,  by  ballot,  for  presi- 
dent and  vice  president,  one  of  whom,  at  least,  must 
not  be  an  inhabitant  of  the  same  state  with  them- 
selves. They  name  in  their  ballots  the  person  voted 
for  as  president,  and  in  distinct  ballots  the  person  voted 
for  as  vice  president ;  and  they  make  separate  lists  of 
all  persons  who  receive  votes  for  the  one  office  and  for 
the  other,  and  of  the  number  of  votes  for  each. 

4.  The  electors  are  required  to  make  and  sign  three 
certificates  of  all  the  votes  by  them  given,  each  cer- 
tificate containing  two  distinct  lists,  one  of  the  votes 
given  for  president,  and  the  other  of  the  votes  given 
for  vice  president;  and  to  seal  them  up,  certifying  on 
each,  that  a  list  of  the  votes  of  such  state  for  president 
and  vice  president  is  contained  therein,  and  directing 


AND    VICE    PRESIDENT.  103 

them  to  the  president  of  the  senate  of  the  United 
States.  A  certified  hst  of  the  electors  of  the  state  is 
annexed  to  each  of  these  certificates  of  the  votes.  The 
electors  then,  by  writing,  signed  by  them  or  a  majority 
of  them,  appoint  some  person  to  take  charge  of  one  of 
the  certificates,  and  convey  it  to  its  place  of  destina- 
tion ;  for  which  sei-vice  he  is  allowed  twenty-five  cents 
a  mile  for  his  travel  in  going  and  returning. 

5.  The  certificate  intrusted  to  the  messenger,  he  is 
bound  to  deliver  at  the  seat  of  government,  before  the 
first  Wednesday  in  January  next  ensuing,  to  the  presi- 
dent of  the  senate,  or  if  he  be  not  present,  at  the 
office  of  the  secretary  of  state.  Another  of  the  three 
certificates  the  electors  forward  forthwith,  by  mail,  to 
the  president  of  the  senate,  at  the  seat  of  government. 
The  remaining  certificate  they  cause  to  be  delivered  to 
the  district  judge  of  the  district  within  which  the  elec- 
tors assemble.  If  a  list  of  the  votes  of  any  state  shall 
not  have  been  received  at  the  seat  of  government,  on 
the  first  Wednesday  in  January,  the  secretary  of  state 
is  required  to  send  a  special  messenger  for  the  list  that 
was  lodged  in  the  custody  of  the  district  judge. 

6.  Congress  is  required  to  be  in  session  on  the  sec- 
ond Wednesday  in  February  succeeding  every  meeting 
of  the  electors,  when  the  certificates  are  opened  in  the 
presence  of  both  houses,  assembled  in  the  chamber  of 
the  house  of  representatives,  the  president  of  the 
senate  presiding.  Arrangements  for  the  occasion  are 
made  previously,  and  tellers  chosen,  one  by  the  senate 
and  two  by  the  house.  At  the  hour  appointed,  the 
senate  repair  to  the  hall  of  the  house  of  represen- 
tatives, their  chief  clerk  bearing  the  votes  of  the  elec- 
tors. The  president  of  the  senate  having  announced 
the  purpose  of  the  joint  meeting  of  the  two  houses, 
proceeds  to  break  the  seals  of  the  envelopes  in  which 
the  votes  of  the  electors  are  enclosed,  commencing 
with  the  state  of  Maine,  and  proceeding  in  the  order 
of  the  states;  and  having  merely  broken  the  seal  of 
each,  he  hands  the  paper  to  the  tellers,  that  the  votes 
may  be  counted. 


104  CHOICE    OF    PEESIDENT 

7.  The  SLiperscription  upon  the  envelope,  and  the 
contents  of  every  paper  found  within  it,  are  read 
throughout  by  some  one  of  the  tellers.  When  the 
tellers  have  read,  counted,  and  made  duplicate  lists  of 
the  votes,  the  lists  having  been  compared  with  each 
other  and  found  to  agree,  are  dehvered  to  the  presiding 
officer,  by  whom  they  are  read  to  the  joint  meeting. 
He  then  announces  the  result  of  the  vote,  and  declares 
the  persons,  if  any,  who  have  a  majority  of  the  whole 
number  of  votes  of  the  electors^ for  those  offices,  res- 
pectively, to  be  duly  elected  president  and  vice  presi- 
dent of  the  United  States  for  the  ensuing  term  of  four 
years.  The  senate  now  withdraw,  the  chief-  clerk 
bearing  the  votes  of  the  electors,  and  one  of  the  lists 
made  by  the  tellers,  to  the  senate  chamber,  to  be  de- 
posited with  the  archives  of  that  body.  A  joint  com- 
mittee of  the  two  houses  wait  on  the  president  elect, 
to  inform  him  of  his  election ;  and  the  president  of  the 
senate  notifies  the  vice  president. 

8.  But  if  the  votes  of  no  person  for  president  be  a 
majority  of  the  whole  number  of  electors  appointed, 
then  from  the  persons  having  the  highest  numbers,  not 
exceeding  three,  on  the  list  of  those  voted  for  as  presi- 
dent, the  house  of  representatives  immediately,  by  bal- 
lot, choose  the  president.  But  for  this  purpose,  the 
votes  are  taken  by  states,  the  representatives  of  each 
state  having  one  vote.  A  quorum  for  the  choice  of 
president  consists  of  a  member  or  members  from  two 
thirds  of  the  states,  and  a  majority  of  all  the  states  is 
required  for  a  choice.  If  no  one  be  chosen  vice  presi- 
dent, by  the  electors,  the  senate  choose  the  vice 
president  from  the  two  highest  numbers  on  the  list.  A 
quorum  for  this  purpose  consists  of  two  thirds  of  the 
whole  number  of  senators,  and  a  majority  of  the  whole 
number  is  necessary  to  a  choice. 

9.  If  the  house  of  representatives,  when  the  right 
of  choice  falls  to  them,  do  not  elect  a  president  before 
the  4th  of  March  next  following,  as  also  in  case  of  the 
removal  of  the  president  from  office,  or  his  death, 
resignation,  or  inability  to  perform  the  duties  of  the 


AND    VICE    PRESIDENT.  105 

office,  those  duties  devolve  upon  the  vice  president. 
When,  on  the  death  of  the  president,  the  vice  presi- 
dent succeeds  to  his  place,  he  becomes  president  in 
fact  and  in  name.  Congress,  in  pursuance  of  the  au- 
thority vested  in  them  by  the  constitution,  have  provi- 
ded that  in  case  of  the  removal,  death,  resignation,  or 
inabihty  of  both  the  president  and  vice  president,  the 
president  of  the  senate  pro  tempore,  and  if  there  be 
none,  the  speaker  of  the  house  of  representatives  for 
the  time  being,  shall  act  as  president  of  the  United 
States,  until  the  disabihty  shall  be  removed,  or  a  presi- 
dent elected. 

10.  Provision  is  made  by  law,  that  whenever  the  of- 
fices of  president  and  vice  president  both  become  va- 
cant, a  new  election  shall  be  held.  To  this  end,  the 
secretary  of  state  is  required  forthwith  to  cause  notifi- 
cation to  be  made  to  the  executive  of  every  state,  and 
published  in  at  least  one  newspaper  in  each  state, 
specifying  that  electors  of  president  and  vice  president 
of  the  United  States  shall  be  appointed  within  thirty- 
four  days  preceding  the  first  Wednesday  in  December 
next  ensuing,  provided  that  day  be  two  months  distant 
from  the  date  of  the  notification.  But  if  there  be  not 
the  required  space  of  two  months,  and  if  the  term  for 
which  the  president  and  vice  president  last  in  office 
were  elected,  shall  not  expire  on  the  3d  of  March  next 
ensuing,  the  electors  are  then  to  be  appointed  within 
thirty-four  days  preceding  the  first  Wednesday  in  De- 
cember of  the  year  next  ensuing ;  and  in  either  case, 
the  proceedings  are  to  be  conducted  as  in  ordinary 
elections. 

11.  There  have  been  but  two  instances  in  which 
the  election  of  president  has  come  into  the  house  of 
representatives.  Those  were,  in  1801,  when  Thomas 
Jefferson  was  elected,  on  the  thirty-sixth  ballot,  and  in 
1825,  when  John  Quincy  Adams  was  chosen,  having 
received,  on  the  first  ballot,  the  votes  of  fourteen  out  of 
the  twenty-four  states.  The  vice  president  has  been 
chosen  by  the  senate  on  one  occasion  only,  which  was 
in  1837.     And  it  has  happened  but  once,  that  the  vice 


106  CHOICE    OF    PRESIDENT. 

president  has  been  called  to  perform  the  duties  of 
president,  namely,  upon  the  death  of  President  Harrison, 
on  the  4th  of  April,  1841.  Of  the  first  eight  presidents, 
five  were,  and  three  were  not  re-elected ;  and  the  five 
who  held  the  ofiice  two  terms  each,  all  declined  being 
candidates  for  a  third  term.  There  is  nothing  in  the 
constitution  to  prevent  a  man  from  holding  the  office 
of  president  as  often  as  the  people  shall  choose  to 
elect  him;  but  the  usage  on  the  subject  has  acquired 
almost  the  force  of  a  positive  law. 

12.  As  the  constitution  originally  stood,  the  elec- 
tors voted  for  two  persons,  and  the  person  having  the 
greatest  number  of  votes  was  president,  if  that  number 
was  a  majority  of  the  whole  number  of  electors  ap- 
pointed. If  more  than  one  had  such  majority,  and  they 
had  an  equal  number  of  votes,  the  house  of  represen- 
tatives, by  ballot,  chose  one  of  them  for  president. 
If  no  person  had  a  majority,  the  house  were  to  choose 
from  the  five  highest  on  the  list.  And  in  every  case, 
after  the  choice  of  the  president,  the  person  having  the 
greatest  number  of  votes  of  the  electors  was  vice 
president.  But  if  there  remained  two  or  more  having 
equal  votes,  the  senate,  by  ballot,  chose  from  them 
the  vice  president.  The  inconvenience  experienced 
from  this  method,  at  the  election  of  president  in  1801, 
induced  congress  to  propose  an  amendment  to  the 
constitution,  which  was  duly  ratified  before  another 
election,  and  under  the  provisions  of  which  all  subse- 
quent elections  have  taken  place. 


POWERS    AND    DUTIES    OF    THE    PRESIDENT.  lOT 

CHAPTER  XXVIII  ♦ 

POWERS  AND  DUTIES  OF  THE  PRESIDENT. 

1.  The  inauguration  of  the  president  takes  place 
on  the  4th  of  March.  On  that  occasion  it  is  customary 
for  him  to  dehver  an  inaugural  address,  setting  forth 
the  principles  on  which  he  proposes  to  conduct  his  ad- 
ministration. At  the  conclusion  of  this  address,  the 
oath  of  office  required  by  the  constitution  is  tendered 
by  the  chief  justice  of  the  supreme  court,  and  taken  by 
the  president,  in  the  following  terms :  "  I  do  solemnly 
swear  (or  affirm)  that  I  will  faithfully  execute  the  of- 
fice of  president  of  the  United  States,  and  will,  to  the 
best  of  my  abihty,  preserve,  protect,  and  defend  the 
constitution  of  the  United  States."  On  the  day  of  the 
inauguration  the  new  senate  assemble,  by  special  di- 
rection of  the  president  of  the  United  States,  to  act 
upon  the  nomination  of  public  officers,  and  the  like. 
They  choose  a  president  pro  tempore,  by  whom  the 
vice  president  of  the  United  States  is  sworn  into  office, 
and  he  then  takes  liis  place  as  president  of  the  senate. 

2.  The  president  is  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  miU- 
tia  of  the  several  states  when  called  into  the  national 
service.  He  may  grant  reprieves  and  pardons  for 
offences  against  the  United  States,  except  in  cases  of 
impeachment.  He  is  the  proper  person  to  receive  am- 
bassadors and  other  public  ministers,  and,  as  incident 
to  this  authority,  he  is  understood  to  possess  the  power 
to  refuse  to  receive  them,  or  to  dismiss  them  after  they 
have  been  received.  He  is  to  see  that  the  laws  are 
faithfully  executed.  It  is  his  duty,  from  time  to  time, 
to  give  to  congress  information  of  the  state  of  the 
Union,  and  to  recommend  to  their  consideration  such 
measures  as  he  shaU  judge  necessary  and  expedient. 
And  in  case  of  disagi-eement  between  the  two  houses, 


108    POWERS  AND  DUTIES  OF  THE  PRESIDENT. 

as  to  the  time  of  adjournment,  he  may  adjourn  them  to 
such  time  as  he  shall  think  proper. 

3.  The  president,  with  the  concurrence  of  two 
thirds  of  the  senators  present,  is  invested  with  the 
power  to  make  treaties.  He  nominates,  and  by  and 
with  the  advice  and  consent  of  the  senate,  appoints 
ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  supreme  court,  and  all  other  officers  of 
the  United  States,  whose  appointments  are  not  other- 
wise provided  for  in  the  constitution.  But  congress 
may  by  law  vest  the  appointment  of  inferior  officers, 
under  which  denomination,  it  is  said,  ninety-nine  out 
of  a  hundred  of  the  lucrative  offices  of  the  government 
are  included,  in  the  president  alone,  in  the  courts  of 
law,  or  in  the  heads  of  departments.  The  president 
commissions  all  officers  of  the  United  States,  and  he  is 
authorized  to  fill  up  all  vacancies  that  may  happen 
during  the  recess  of  the  senate,  by  granting  commis- 
sions which  shall  expire  at  the  end  of  the  next  session 
of  that  body. 

4.  It  was  made  a  question,  on  the  first  organization 
of  the  government  under  the  constitution,  whether, 
in  respect  to  those  officers  who  are  appointed  by  the 
president  and  senate,  to  hold  their  offices  at  pleasure, 
the  power  of  removal  resided  in  the  president  alone,  or 
whether  the  consent  of  the  senate  was  required  for 
that  purpose.  By  the  authors  of  the  Federalist,  a  work 
of  high  authority,  the  latter  was  understood  to  be  the 
true  construction;  but  congress  adopted  the  former 
construction,  and  at  their  first  session,  collaterally,  and 
somewhat  gratuitously,  declared  the  power  to  belong  to 
the  president  alone.  The  question  was  decided,  at  that 
time,  in  the  senate,  by  the  casting  vote  of  the  vice 
president,  John  Adams;  and  in  the  house  of  repre- 
sentatives, by  a  majority  of  twelve.  The  construction 
thus  incidentally  given  to  the  constitution,  on  tliis 
point,  has  been  acted  upon  ever  since. 

5.  The  president  has  a  qualified  negative  or  veto 
upon  the  laws  and  acts  passed  by  congress.  All  bills, 
and  all  concurrent  orders,  resolutions  and  votes  of  the 


COMPENSATION    OF    THE    PRESIDENT.  109 

two  houses,  except  for  adjournment,  must  be  submitted 
to  the  president  for  his  approval,  and  may  be  defeated 
by  him,  unless  they  be  repassed  by  two  thirds  of  each 
house.  The  president  is  allowed  ten  days,  exclusive 
of  Sundays,  to  consider  a  bill,  and  if  he  do  not  return 
it  within  that  time,  it  becomes  a  law  in  like  manner  as 
if  Jie  had  signed  it,  unless  congress,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  doe*s  not  be- 
come a  law. 

6.  This  constitutional  provision  vests  in  the  presi- 
dent a  high  and  transcendent  power,  and  one  which 
has,  in  general,  been  rarely  exercised.  President  Wash- 
ington defeated  two  bills;  President  Madison,  four; 
President  Monroe,  one  ;  President  Jackson,  ten ;  Presi- 
dent Tyler,  two  at  the  extra  session  in  1841,  and  four 
at  the  succeeding  session ;  the  other  Presidents,  none. 
Of  these  bills  fourteen  were  returned  within  ten  days 
after  their  presentation  to  the  executive ;  the  others 
having  been  presented  near  the  close  of  the  session, 
were  retained,  one  by  President  Madison,  six  by  Presi- 
dent Jackson,  and  two  by  President  Tyler  at  the  session 
in  1842.  In  no  instance  where  a  bill  has  been  returned 
with  objections  has  it  been  repassed  by  the  required 
majority,  so  as  to  become  a  law. 

7.  It  is  provided  by  the  constitution,  that  the  com- 
pensation of  the  president  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  was 
elected.  The  salary  has,  from  the  first,  been  fixed  by 
law  at  twenty-five  thousand  dollars  a  year,  which,  ac- 
cording to  the  usual  practice,  is  drawn  by  the  president, 
monthly.  He  has  also  the  use  of  a  house  and  grounds, 
provided  at  the  public  expense,  at  the  seat  of  govern- 
ment. At  every  new  election  of  president,  such  ar- 
ticles of  furniture  in  the  house  as  are  decayed  or  unfit 
for  use,  are  sold,  and  the  proceeds,  together  with  an 
additional  sum  of  money  appropriated  by  congress,  are 
applied  to  the  purchase  of  new  furniture.  The  salary 
of  the  vice  president  is  five  thousand  dollars  a  year. 
When  acting  as  president  of  the  United  States,  he  is 
entitled  to  the  salaiy  appertaining  to  that  ofiice. 

10 


110  EXECUTIVE    DEPARTMENTS. 

CHAPTER  XXIX. 

THE  EXECUTIVE  DEPARTMENTS. 

• 

1.  To  assist  the  president  in  the  administration  of 
the  government,  there  are  several  executive  depart- 
ments established  by  law.  These  are  the  departmenst 
of  state,  of  the  treasury,  of  war,  of  the  navy,  and  of 
the  post  office.  At  the  head  of  each  of  the  first  four 
departments  named,  is  a  secretary,  of  the  last,  the  post- 
master  general.  These  four  secretaries,  the  postmas- 
ter general  and  the  attorney  general  of  the  United 
States,  constitute  what  is  called  the  cabinet.  These 
officers  are  appointed  by  the  president  with  the  advice 
and  consent  of  the  senate,  and  are  removable  by  the 
president,  at  his  pleasure.  At  the  commencement  of 
every  new  administration,  there  is  always  a  new  cabi- 
net organized,  as  a  matter  of  course. 

2.  The  cabinet  serves  as  a  sort  of  unofficial  council 
of  the  president.  He  is  expressly  authorized  by  the 
constitution  to  require  the  opinion,  in  writing,  of  the 
principal  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respec- 
tive offices ;  and  he,  as  well  as  the  head  officer  of  any 
of  the  departments,  where  there  is  occasion  for  it,  may 
call  upon  the  attorney  general  for  his  opinion  on  ques- 
tions of  law.  It  has  been  the  general  practice  for  the 
president  to  hold  meetings  of  his  cabinet  officers,  from 
time  to  time,  to  dehberate  uiion  matters  coming  before 
him,  in  order  that  he  might  have  the  benefit  of  their  wis- 
dom and  experience  in  forming  his  own  judgment  upon 
them.  But  he  is  not  bound  to  follow  the  opinions  of 
his  cabinet,  nor  are  they  responsible  for  his  acts. 

3.  These  principal  executive  departments,  for  the 
most  part  embrace  several  subordinate  branches,  or 
bureaus,  and  the  business  of  them  is  carried  on  by  the 
assistance  of  a  great  number  of  inferior  officers  and 


EXECUTIVE    DEPARTMENTS.  Ill 

clerks.  In  general,  the  more  important  officers  in  each 
department  are  appointed  by  the  president,  with  the 
advice  of  the  senate,  and  the  clerks  by  the  heads 
of  their  respective  departments.  In  each  department 
there  is  a  chief  clerk,  who  in  the  departments  of  state, 
of  war,  and  of  the  navy,  in  case  of  a  vacancy  in  the 
office  of  secretary,  by  removal  or  otherwise,  has,  dur- 
ing such  vacancy,  the  charge  of  all  records,  books  and 
papers  appertaining  to  the  department. 

4.  AU  the  officers  appointed  in  any  of  the  depart- 
ments, are  required,  before  entering  upon  the  duties  of 
their  appointment,  to  take  an  oath  or  affii-mation  to 
support  the  constitution  of  the  United  States,  and 
faithfully  to  execute  the  trust  committed  to  them. 
Every  day  in  the  year,  except  Sundays  and  the  4th  of 
July  and  25th  of  December,  all  the  offices  and  bureaus 
of  the  several  departments  are  required  to  be  open  for 
the  transaction  of  the  public  business,  at  least  eight 
hours  in  a  day,  from  the  first  of  October  to  the  fu-st  of 
April,  and  at  least  ten  hours  in  a  day,  during  the  rest  of 
the  year.  The  salaries  of  officers  of  the  United  States 
are  usually  paid  quarterly,  with  money  drawn  from  the 
national  treasuiy,  in  pursuance  of  appropriations  made 
for  the  purpose,  by  congress,  in  the  annual  appropri- 
ation bills. 

5.  The  several  secretaries,  and  the  postmaster 
general  are  required  to  lay  before  congress,  at  each 
annual  session,  a  detailed  statement  of  the  expendi- 
tures made  by  them,  respectively,  from  the  contingent 
funds  of  their  departments.  It  is  also  their  duty,  to 
report  to  congress,  at  the  beginning  of  each  year,  the 
names  of  the  clerks  employed  in  their  own  depart- 
ments, during  the  preceding  year,  together  with  the 
time  each  was  actually  employed,  and  the  amount  paid 
to  each.  There  are  various  other  reports  which  these 
officers,  or  some  of  them,  are  required  to  make  to  con- 
gress, at  prescribed  times,  and  they  are  also  obliged  to 
answer  to  the  requisitions  made  upon  them,  from  time 
to  time,  by  either  branch  of  the  legislature,  for  facts  and 
information  within  their  possession. 


112  DEPARTMENT    OF    STATE. 

6.  At  the  first  organization  of  the  government 
under  the  constitution,  there  were  properly  but  three 
executive  departments,  those  of  state,  of  the  treasury, 
and  of  war.  The  department  of  the  navy  was  not 
estabhshed  upon  a  separate  basis  until  a  later  period. 
The  post  office  department  has  existed  from  the  first, 
but  it  was  only  at  a  comparatively  recent  day,  that  the 
postmaster  general  attained  to  the  dignity  of  a  cabinet 
officer.  The  salaries  of  the  secretaries,  and  other 
executive  officers  and  clerks,  were  at  first  only  about 
one  half  as  great  as  they  now  are.  From  time  to  time, 
the  compensation  has  been  increased,  and  the  depart- 
ments have  been  enlarged,  by  the  establishment  of 
new  subordinate  branches,  and  the  appointment  of  ad- 
ditional clerks.  The  department  of  state  is  considered 
as  holding  the  first  place  in  dignity  and  importance. 


CHAPTER  XXX. 

THE    DEPARTMENT    OF    STATE. 

1.  The  department  of  state,  which  was  originally 
organized  under  the  name  of  the  department  of  foreign 
affairs,  is  that  through  which  all  intercourse  between 
the  national  government  and  foreign  states  is  carried 
on.  To  the  secretary  of  state  it  belongs  to  perform 
such  duties  as  are  assigned  to  him  by  the  president, 
and  in  such  manner  as  he  shall  direct,  agreeably  to  the 
constitution,  relative  to  the  correspondence  with  pub- 
lic ministers  or  consuls  sent  from  the  United  States,  or 
to  commissions  or  instructions  to  them  ;  to  negotiations 
with  foreign  states  or  princes;  to  memorials  or  other 
applications  from  foreign  public  ministers  or  other 
foreigners  ;  or  to  other  matters  respecting  foreign  af- 
fairs. This  department  includes,  besides  the  patent 
office,  which  is  attached  to  it,  three  branches  called  the 
diplomatic,  consular,  ECnd  home  bureaus.     There  arc  ten 


DEPARTMENT    OF    STATE.  113 

clerks  employed  in  the  department,  and  as  many  other 
persons,  in  various  capacities. 

2.  The  secretaiy  of  state  keeps  the  seal  of  the 
United  States,  and  it  is  his  duty  to  make  out,  record, 
and  affix  that  seal  to  all  civil  commissions  of  officers  of 
the  United  States,  appointed  by  the  president  with  the 
approval  of  the  senate,  or  by  the  president  alone, 
except  officers  employed  in  collecting  the  revenue, 
whose  commissions  are  made  out  and  recorded  in  the 
treasury  department,  and  bear  its  seal.  But  the  secre- 
tary may  not  affix  the  seal  to  any  commission  be- 
fore it  has  been  signed  by  the  president,  nor  to  any 
other  instrument  without  his  special  warrant  for  the 
purpose.  The  secretary  of  state  has  also  a  seal  of 
office,  for  his  department,  which  he  uses  in  authenti- 
cating copies  of  records  and  papers  in  his  office,  for  per- 
sons applying  for  them,  and  paying  the  required  fees. 

3.  Every  bill,  order,  resolution  or  vote  of  the  sen- 
ate and  house  of  representatives,  that  has  been  finally 
passed,  in  the  prescribed  manner,  and  has  become  a 
law  accordingly,  is  sent  forthwith  to  the  secretary  of 
state.  Formerly,  the  secretaiy  was  required  to  cause 
the  laws,  resolutions,  treaties  and  amendments  to  the 
constitution  of  the  United  States,  to  be  published,  as 
soon  as  conveniently  might  be  after  they  were  re- 
ceived by  him,  in  not  more  than  one  newspaper  in  the 
District  of  Columbia,  and  in  not  more  than  three  in 
each  of  the  several  states  and  temtories.  But  by  the 
act  of  1842,  in  lieu  of  this,  the  publication  is  to  be 
made  in  not  less  than  two  nor  more  than  four  of  the 
principal  newspapers  published  in  the  city  of  Wasliing- 
ton  for  country  subscribers,  giving  the  preference  to 
such  papers  as  have  the  greatest  number  of  permanent 
subscribers  and  the  most  extensive  circulation. 

4.  The  secretary  is  required  to  cause  to  be  pub- 
lished, as  soon  as  practicable  after  the  close  of  every 
session  of  congress,  eleven  thousand  copies  of  the  acts 
of  congress  at  large,  including  all  resolutions  passed 
by  congress,  amendments  to  the  constitution  adopted, 
and  public  treaties  ratified  since  the  last  preceding  pub- 

10* 


114  DEPARTMENT    OF    STATE. 

lication  of  the  laws,  together  with  an  alphabetical  in- 
dex. These  copies  are  distributed,  under  the  direction 
of  the  secretary  of  state,  among  such  pubhc  officers 
and  other  persons  as  are  designated  by  law,  and  the 
residue  among  the  several  states  and  territories,  ac- 
cording to  their  respective  numbers  of  representatives 
and  delegates  in  congress.  The  proprietor  of  every 
newspaper  in  which  the  laws,  resolutions,  treaties  and 
amendments  have  been  seasonably  published,  by  au- 
thority, is  entitled  to  a  compensation,  at  the  rate  of 
one  dollar  for  each  page,  as  published  in  the  pamphlet 
form. 

5.  Once  in  two  years,  a  register,  commonly  known 
by  the  name  of  the  blue  hook,  is  compiled  and  printed 
under  the  direction  of  the  secretary  of  state.  It  con- 
tains correct  lists  of  all  the  officers  and  agents,  civil, 
military  and  naval,  in  the  service  of  the  United  States, 
made  up  to  the  last  day  of  September  of  each  year  in 
which  a  new  congress  is  to  assemble.  These  lists  are 
furnished  by  the  heads  of  the  several  departments,  and 
exhibit  the  names  of  all  such  officers  and  agents,  with 
the  compensation  allowed  to  each,  the  state  and 
county  in  which  he  was  born,  and  the  place  where  he 
is  employed.  The  biennial  register  also  includes  cer- 
tain statistics  in  reference  to  the  na\^,  to  printers  of 
the  laws,  and  to  contracts  for  carrying  the  mail.  Five 
hundred  copies  of  this  register  are  printed,  part  of 
which  are  distributed,  as  provided  by  law,  on  the  fii'st 
Monday  in  January  of  each  year  when  a  new  con- 
gress is  assembled,  and  the  rest  are  disposed  of  as 
congress  shall  direct. 

6.  The  secretary  of  state  is  required  to  transmit, 
by  mail,  free  of  postage,  one  copy  of  the  communica- 
tions, with  the  accompanying  documents,  made  to 
congress,  or  to  either  house,  by  the  president  of  the 
United  States,  and  of  reports  made  to  congress  or 
either  house,  by  the  several  heads  of  departments,  or 
by  any  committee,  for  each  of  the  judges  of  the  su- 
preme court,  and  of  the  district  and  territorial  courts  of 
the  United  States,  to  such  post  office  within  the  United 


TREASURY    DEPARTMENT.  115 

States,  as  they  may  designate.  In  case  of  vacancy, 
death,  absence  from  the  seat  of  government,  or  sick- 
ness, in  the  office  of  secretary  of  state,  of  the  treasury, 
or  of  war,  or  of  any  officer  in  either  of  these  depart- 
ments, whose  appointment  is  not  in  the  head  of  the 
department,  the  president  may  authorize  any  person, 
in  his  discretion,  to  perform  the  duties  of  such  office, 
until  a  successor  shall  be  appointed,  or  the  vacancy 
filled.  But  no  one  vacancy  can  be  thus  supplied  for 
a  longer  term  than  six  months. 


CHAPTER  XXXI. 

THE    TREASURY    DEPARTMENT. 

1.  It  is  in  the  treasury  department  that  all  claims 
and  demands  by  or  against  the  United  States,  and  all 
accounts  in  which  they  are  interested,  either  as  debtors 
or  creditors,  are  settled  and  adjusted.  The  organiza- 
tion of  this  department  embraces  a  far  greater  number 
of  officers  than  either  of  the  others.  It  includes  the 
secretary,  two  comptrollers,  five  auditors,  an  auditor 
for  the  post  office  department,  a  treasurer,  a  register, 
and  a  solicitor  of  the  treasury,  all  of  whom  are  ap- 
pointed by  the  president,  with  the  approbation  of  the 
senate.  There  are  upwards  of  two  hundred  clerks 
and  other  persons  employed  in  the  different  sub- 
divisions of  the  department.  This  statement  does  not 
include  the  officers  and  clerks,  nearly  one  hundred 
in  number,  in  the  general  land  office,  which  is  attached 
to  the  treasury  department. 

2.  Among  the  duties  required  of  the  secretary,  he  is 
to  prepare  and  lay  before  congress,  at  the  commence- 
ment of  every  session,  a  report  on  the  subject  of  finance, 
containing  estimates  of  the  public  revenue  and  expen- 
ditures, and  plans  for  the  support  of  public  credit,  and 
for  increasing  the  revenues,  and  to  annex  a  statement 


116  TREASURY    DEPARTMENT. 

of  the  amount  of  money  in  the  treasury,  which  will  be 
subject  to  the  disposition  of  the  government,  in  the 
year  to  which  the  estimates  apply.  He  is  also  to 
superintend  the  collection  of  the  revenue ;  to  provide 
for  maintaining  light-houses,  and  the  like;  to  grant, 
under  the  limitations  established  by  law,  warrants  for 
moneys  to  be  issued  from  the  treasury;  to  furnish 
information  to  either  branch  of  the  legislature,  respect- 
ing all  matters  referred  to  him,  or  which  relate  to  his 
office;  and,  in  general,  to  perform  all  services  required 
of  him,  appertaining  to  the  finances. 

3.  It  is  the  duty  of  the  convptroUers  to  examine  all 
accounts  settled  by  the  auditors,  and  to  certify  to  the 
proper  ofiicer  the  balance  arising  on  them ;  to  counter- 
sign warrants  duly  drawn  by  the  secretary  of  the 
treasury ;  to  report  to  the  proper  secretary  the  official 
forms  to  be  issued  in  the  different  offices  for  collecting 
the  public  revenue,  and  for  disbursing  the  public  money 
in  the  war  and  navy  departments,  and  the  manner  and 
form  of  keeping  and  stating  the  accounts  in  those  of- 
fices; and  to  attend  to  the  preservation  of  the  public 
accounts  subject  to  their  revision.  To  the  first  comp-. 
troller  it  belongs  also  to  provide  for  the  regular  payment 
of  all  moneys  that  may  be  collected,  to  superintend  the 
recovery  of  debts  due  to  the  United  States,  and  to 
direct  legal  proceedings  and  take  the  proper  lawful 
measures  for  enforcing  prompt  payment  of  such  debts. 

4.  The  first  auditor  receives  all  accounts  accruing 
in  the  treasury  department;  the  second  and  third,  all 
accounts  of  the  war  department,  and  those  arising  out 
of  Indian  affairs,  except  Indian  trade ;  the  fourth,  all 
accounts   relative   to   the  navy  department;   and   the 

Jiftli,  all  accounts  of  the  department  of  state,  and  those 
growing  out  of  Indian  trade.  The  first  and  fifth  au- 
ditors examine  all  accounts  submitted  to  them,  respec- 
tively, certify  the  balance,  and  transmit  the  accounts, 
with  the  vouchers  and  certificates,  to  the  fiirst  com- 
troUer  for  his  decision  upon  them.  The  second,  third, 
and  fourth  auditors  -examine  the  accounts  submitted  to 
them,  certify  the  balance,  and  transmit  the  accounts 


TREASURY    DEPARTMENT.  117 

with  their  vouchers  to  the  second  comptroller,  and 
when  finally  adjusted,  receive  them  from  him  and  pre- 
serve them.  They  record  all  warrants  drawn  by  the 
secretary  of  the  treasury,  upon  the  requisitions  or 
demands  of  the  secretaries  of  the  war  and  navy  de- 
partments, and  keep  all  accounts  of  the  receipts  and 
expenditures  of  the  public  money  in  regard  to  those 
departments. 

5.  The  auditor  of  the  treasury  for  the  post  office 
department  receives  all  accounts  relative  to  that  de- 
partment, audits  and  settles  them,  certifies  the  bal- 
ances to  the  postmaster  general,  and  preserves  the  ac- 
counts and  their  vouchers,  after  settlement.  It  is  his 
business  to  report  to  the  postmaster  general  the  official 
forms  of  papers  to  be  used  by  the  officers  and  agents  of 
the  department,  and  the  manner  and  form  of  keeping  and 
stating  its  accounts ;  to  register,  charge  and  countersign 
all  warrants  upon  the  treasury  for  receipts  and  pay- 
ments, issued  by  tlie  postmaster  general,  when  war- 
ranted by  law ;  to  report  to  the  postmaster  general  all 
delinquencies  of  postmasters,  in  paying  over  the  pro- 
ceeds of  their  offices  ;  and  to  perform  such  other  duties 
irelative  to  the  financial  concerns  of  the  department 
^as  may  be   assigned   to  him  by  the  secretary  of  the 

treasury.  It  is  his  duty  also  to  superintend  the  collec- 
tion of  all  debts  due  to  the  department,  and  all  penalties 
and  forfeitures  imposed  on  postmasters,  and  to  direct 
legal  proceedings  for  that  purpose. 

6.  The  treasurer  is  the  officer  who  receives  and 
keeps  the  public  moneys,  and  disburses  them  on  Avar- 
rants  duly  drawn  and  authenticated,  which  warrants  are 
required  to  specify  the  particular  appropriations  to  wliich 
they  are  to  be  charged.  All  moneys  except  those  for 
the  war,  navy,  and  post  office  departments,  are  issued 
on  warrants  drawn  by  the  secretary  of  the  treasury, 
countersigned  by  the  first  comptroller,  and  recorded  by 
the  register  of  the  treasury.  The  money  appropriated 
to  the  use  of  the  war  and  navy  departments  is  paid  out 
by  the  treasurer  on  warrants  drawn  by  the  secretary  of 
the  treasury,  upon  the  requisitions  of  the  secretaries  of 


118  .  TREASURY    DEPARTMENT. 

those  departments,  respectively,  countersigned  by  the 
second  comptroller,  and  registered  by  the  second,  third, 
or  fourth  auditor,  as  the  case  may  require.  The  funds 
of  the  post  office  department  are  issued  from  the 
treasury  on  wan*ants  drawn  by  the  postmaster  general, 
and  countersigned  and  registered  by  the  auditor  of  the 
treasury  for  that  department. 

7.  The  treasurer  takes  receipts  for  all  moneys  paid 
by  him ;  and  all  receipts  for  moneys  received  by  him 
into  the  treasury,  to  render  them  valid,  must  be  in- 
dorsed upon  warrants,  signed  by  the  secretary  of  the 
treasury,  or  by  the  postmaster  general  where  the 
money  is  paid  in  to  the  credit  of  his  department.  He 
is  required  to  render  his  accounts,  quarterly,  to  the  first 
comptroller,  or  in  respect  to  moneys  received  and 
paid  on  account  of  the  post  office  department,  to  the 
auditor  for  that  department ;  to  transmit  to  both  houses 
of  congress,  copies  of  all  accounts  settled  by  him,  and 
a  true  and  perfect  account  of  the  state  of  the  treasury ; 
and  at  all  times  to  submit  to  the  inspection  of  the 
secretary  of  the  treasury,  and  of  the  fii'st  comptroller, 
the  moneys  in  his  hands.  The  treasurer  gives  bond 
in  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
for  the  faithful  performance  of  his  duties,  and  the 
fidelity  of  the  persons  employed  by  him. 

8.  The  register  of  the  treasury  is  required  to  keep 
all  accounts  of  the  receipts  and  expenditures  of  the 
public  money,  and  of  all  debts  due  to  or  from  the 
United  States,  except  such  accounts  as  are  kept  by  the 
second,  third,  and  fourth  auditors ;  to  receive  from  the 
first  comptroller  the  accounts  that  have  been  finally 
adjusted  by  him,  and  preserve  them  with  their  vouch- 
ers and  certificates ;  and  to  record  all  warrants  for  the 
receipt  and  payment  of  moneys  at  the  treasury,  other 
than  those  recorded  by  the  second,  third,  and  fourth 
auditors,  and  the  auditor  for  the  post  office  department. 
It  is  likewise  made  the  duty  of  the  register  of  tlie 
treasury,  under  the  direction  of  the  secretary,  annually 
to  prepare  statistical  accounts  of  the  commerce  of  the 
United  States  with  foreign  countries,  for  the  preceding 


TREASURY   DEPARTMENT.  119 

year,  to  be  laid  before  congress,  by  the  secretary  of  the 
treasury,  on  the  first  Monday  in  December  of  every 
year,  or  as  soon  after  as  possible.  These  accounts,  as 
also  the  annual  accounts  of  the  receipts  and  expendi- 
tures, and  the  report  and  estimates  required  of  the  sec- 
retary, are  to  be  prepared  for  the  fiscal  year  of  the 
treasury,  which,  as  established  by  act  of  congress  of 
1842,  commences  on  the  first  day  of  July. 

9.  The  duties  of  the  solicitor  of  the  treasury  are, 
to  dhect  all'  suits  and  proceedings  for  the  recovery  of 
money,  chattels  or  lands,  in  the  name,  and  for  the  use 
of  the  United  States ;  and  to  take  charge  or  dispose  of 
all  lands  or  other  property  conveyed  or  assigned  to  the 
United  States,  in  payment  of  debts.  He  may  instruct 
the  district  attorneys,  marshals,  and  the  clerks  of  the 
circuit  and  district  courts,  in  all  matters  relating  to 
suits  in  which  the  United  States  are  concerned.  He  is 
required,  with  the  approbation  of  the  secretary  of  the 
treasury,  to  establish  such  rules  and  regulations,  con- 
sistent with  law,  for  the  observance  of  collectors  of  the 
customs,  district  attorneys,  and  marshals,  respecting 
suits  in  which  the  government  is  interested,  as  may  be 
deemed  necessary  for  the  proper  responsibility  of  those 
ofiicers,  and  for  the  prompt  collection  of  all  revenues 
and  debts  due  to  the  United  States. 

10.  The  offices  of  the  second  comptroller,  and  of 
the  second,  third,  fourth,  and  fifth  auditors  were  es- 
tablished in  1817;  that  of  the  solicitor  of  the  treasury 
in  1830,  and  that  of  the  auditor  of  the  treasuiy  for  the 
post  office  department  in  1836.  To  the  second  comp- 
troller was  assigned  the  portion  of  the  duties  of  the 
first,  relating  to  the  war  and  navy  departments.  The 
duties  of  the  first  auditor,  namely,  the  examining  and 
auditing  of  accounts,  were  divided  with  the  second, 
third,  fourth,  and  fifth  auditors,  and  the  auditor  for  the 
post  office  department.  The  same  persons,  except 
the  fifth  auditor,  took  also  a  part  of  the  duties  of  the 
register  of  the  treasury ;  and  the  auditor  of  the  treas- 
ury for  the  post  office  department,  a  part  also  of  the 
duties  of  the  first  comptroller. 


120       DEPARTMENTS    OF    WAR   AND    OF    THE    NAVY. 

CHAPTER  XXXn. 

THE  DEPARTMENTS  OF  WAR,  AND  OF  THE  NAVY. 

1.  The  secretary  of  the  department  of  war  is  re- 
quired to  perform  such  duties  as  may  from  time  to  time 
be  intrusted  to  him,  by  the  president,  agreeably  to  the 
constitution,  and  in  such  manner  as  he  shall  direct,  rel- 
ative to  military  commissions,  or  to  the  land  forces  or 
military  stores  of  the  United  States,  or  other  matters 
respecting  military  affairs;  or  relative  to  the  granting 
of  lands  to  persons  entitled  to  them  for  military  services 
rendered  to  the  United  States;  or  relative  to  Indian 
affairs.  This  department  includes  the  offices  of  the 
adjutant  general,  quartermaster  general,  paymaster 
general,  and  surgeon  general,  the  pension  and  bounty 
land  offices,  and  the  department  of  Indian  affairs.  The 
office  of  commissary  general  of  purchases  was  abol- 
ished in  1842,  and  the  duties  of  it  assigned  to  the  quar- 
termaster's department. 

2.  The  department  of  the  navy  was  organized  as  a 
distinct  department,  in  1798,  prior  to  which  time,  naval 
affairs  were  under  the  direction  of  the  secretary  of  war. 
It  is  the  duty  of  the  secretary  of  the  navy  to  execute 
such  orders  as  he  shall  receive  from  the  president,  rela- 
tive to  the  procurement  of  naval  stores  and  materials, 
to  the  construction,  armament,  equipment  and  employ- 
ment of  vessels  of  war,  and  to  all  other  matters  con- 
nected with  the  naval  establishment  of  the  United 
States.  He  is  authorized,  under  the  direction  of  the 
president,  to  cause  a  selection  to  be  made  of  such  tracts 
of  vacant  and  unoccupied  lands  of  the  United  States, 
producing  live  oak  and  red  cedar  timbers,  as  he  may 
judge  necessary  to  furnish  for  the  navy  a  sufficient 
supply  of  those  timbers ;  and  the  tracts  thus  selected, 
if  approved  by  the  president,  are  to  be  reserved  and 
appropriated  to  that  sole  purpose,  unless  othei*wise 
directed  by  law. 


NAVY    DEPARTMENT.  121 

3.  Formerly  the  president  was  required  to  appoint, 
with  the  approbation  of  the  senate,  three  officers  of  the 
navy,  not  below  the  rank  of  post  captain,  to  constitute  a 
hoard  of  commissioners  for  the  navy.  This  board  was 
attached  to  the  office  of  the  secretary  of  the  navy,  and 
under  his  superintendence  discharged  the  ministerial 
duties  of  that  office,  relative  to  the  matters  above  enu- 
merated as  appertaining  to  it ;  and,  upon  the  requisition 
of  the  secretary,  it  was  their  duty  to  furnish  all  the  es- 
timates of  expenditures  required  in  the  several  branches 
of  the  service,  and  other  necessary  information.  The 
board  of  commissioners  for  the  navy  was  established 
in  1815,  and  continued  in  existence  till  1842,  when  it 
was  abolished  by  act  of  congress,  and  the  navy  depart- 
ment was  organized  upon  a  different  basis. 

4.  The  act  in  question  provides,  that  there  shall  be 
attached  to  the  navy  department  five  bureaus,  each 
having  a  chief,  who  is  appointed  by  the  president  with 
the  advice  and  consent  of  the  senate.  These  bureaus 
are,  a  bureau  of  navy  yards  and  docks,  and  a  bureau  of 
ordnance  and  hydrography,  the  chief  of  each  of  which  is 
appointed  from  among  the  captains  in  the  navy,  and 
receives  a  stated  annual  salary,  in  lieu  of  all  other  com- 
pensation whatever  in  the  naval  service ;  a  bureau  of 
construction,  equipment  and -repairs,  the  chief  of  which 
is  required  to  be  a  skilful  naval  constructor ;  a  bureau 
of  provisions  and  clothing;  and  a  bureau  of  medicine  and 
surgery,  whose  cliief  is  taken  from  the  surgeons  of  the 
navy.  The  secretary  of  the  navy  is  to  assign  and  dis- 
tribute among  these  bureaus,  such  of  the  duties  of  the 
department  as  he  shall  judge  expedient  and  proper, 
and  all  these  duties  are  to  be  performed  under  his  au- 
thority. 

5.  It  is  the  duty  of  both  the  secretaries  of  war  and 
of  the  navy,  to  lay  before  congress,  annually,  a  state- 
ment of  the  appropriations  of  the  preceding  year,  for 
their  respective  departments,  and  a  distinct  account  of 
the  manner  in  which  the  money  has  been  expended 
and  applied  by  them,  together  with  a  statement  of  the 
amount  that  remains  under  such  appropriations,  and  the 

11 


122  PENSIONS. 

probable  outstanding  demands  npon  each;  and  any 
balance  of  money  remaining  unexpended,  after  the 
object  for  which  it  was  appropriated  has  been  effected, 
is  to  be  repaid  into  the  treasury,  and  carried  to  the 
surplus  fund.  The  secretaries  are  required  to  cause  to 
be  collected  all  flags,  standards  and  colors,  taken  by  the 
army  and  navy  of  the  United  States,  from  their  ene- 
mies, and  to  deliver  them  to  the  president,  to  be,  under 
his  direction,  preserved  and  displayed  in  such  public 
place  as  he  shall  deem  proper.   • 

6.  There  is  a  commissioner  ofpensimis  appointed  by 
the  president,  with  the  advice  of  the  senate,  whose 
office  it  is,  under  the  direction  of  the  secretaries  of  war 
and  of  the  navy,  to  execute  such  duties  as  may  be  pre- 
scribed by  the  president,  in  relation  to  the  several  pen- 
sion laws.  Various  acts  have  been  passed  by  congress, 
from  time  to  time,  making  provision  for  the  surviving 
officers  and  soldiers  of  the  revolutionary  war,  as  well 
as  for  those  who  have  been  wounded  or  disabled  in  the 
military  or  naval  service  of  the  United  States,  and  for 
the  widows  and  children  of  such  as  were  killed  in  the 
service,  or  have  since  died.  The  office  of  commissioner 
of  pensions  was  established  in  1835,  and  has  been 
since  continued  for  the  term  of  two  or  three  years  at  a 
time.  Formerly,  pensions  were  paid  through  the  agency 
of  the  bank  of  the  United  States  and  its  branches. 

7.  Provision  was  made  by  congress,  soon  after  the 
commencement  of  the  revolutionary  war,  for  granting 
lands,  in  certain  specified  proportions,  to  the  officers 
and  soldiers  who  should  engage  in  the  service,  and 
continue  in  it  to  the  close  of  the  war,  or  until  discharged 
by  congress.  After  the  termination  of  the  war,  lands 
for  this  purpose  were  surveyed  and  assigned,  in  what 
is  now  the  state  of  Ohio.  By  the  several  acts  passed 
by  congress  for  recruiting  the  army  in  the  war  of  1812, 
besides  a  stated  pecuniary  bounty,  one  hundred  and 
sixty  acres  of  land  were  offered  to  each  effective,  able- 
bodied  man,  who  should  enter  into  the  service  for  five 
years,  or  during  the  war,  and  should  serve  out  his  time, 
and  be  regularly  discharged ;  and  to  the  heirs  and  rep- 


INDIAN    AFFAIRS.  123 

resentatives  of  such  as  might  be  killed  in  action,  or  die 
in  the  service.  The  lands  assigned  to  these  persons 
were  taken  in  the  territories  now  constituting  the  states 
of  Illinois,  Missouri,  Michigan  and  Arkansas. 

8.  The  chief  officer  in  the  Indian  department  is  the 
commissioner-  of  Indian  affairs,  who  is  appointed  by  the 
president  and  senate.  Under  the  direction  of  the  sec- 
retary of  war,  and  agreeably  to  such  regulations  as  the 
president  may  from  time  to  time  prescribe,  the  com- 
missioner has  the  management  of  all  Indian  affairs,  and 
of  all  matters  growing  out  of  Indian  relations.  The 
superintendents  of  Indian  affairs,  within  their  several 
districts,  exercise  a  general  supervision  over  the  official 
conduct  and  accounts  of  all  officers  and  persons  em- 
ployed by  the  government  in  that  department ;  and  they 
may  suspend  such  officers  and  persons  from  their  em- 
ployment, for  reasons  to  be  communicated  forthwith  to 
the  secretaiy  of  war.  No  one  is  allowed  to  trade  with 
the  Indians,  in  their  country,  without  a  license  from  a 
superintendent  of  Indian  affairs,  or  from  an  Indian 
agent  or  sub-agent.  No  ardent  spirits  may  be  intro- 
duced into  the  Indian  country,  under  any  pretence. 

9.  Indian  agents  are  appointed  by  the  president,  with 
the  approval  of  the  senate,  and  hold  their  office  for  four 
years,  unless  sooner  removed.  Each  agent  is  required 
to  reside  and  keep  his  agency  w^ithin  or  near  the  terri- 
tory of  the  tribe  for  which  he  is  agent,  and  at  such 
place  as  the  president  shall  designate.  These  agents 
and  sub-agents  manage  and  superintend  the  intercourse 
\vith  the  Indians  within  their  respective  agencies,  ac- 
cording to  law ;  and  they  are  bound  to  obey  all  legal 
instructions  given  to  them  by  the  secretary  of  war,  the 
commissioner  of  Indian  affairs,  or  the  superintendent  of 
Indian  affairs;  and  to  carry  into  effect  such  regulations 
as  may  be  prescribed  by  the  president.  Each  agency 
is  allowed  an  interpreter,  who  is  nominated  by  the 
proper  agent,  to  the  war  department  for  approval. 

10.  By  act  of  congress  of  1830,  the  president  was 
empowered  to  cause  so  much  as  he  might  judge  neces- 
sary of  the  territory  belonging  to  the   United   States, 


124  THE    ARMY. 

west  of  the  river  Mississippi,  not  included  in  any  state 
or  organized  territory,  and  to  which  the  Indian  title  had 
become  extinguished,  to  be  divided  into  districts,  for 
the  reception  of  such  tribes  of  Indians  as  might  choose 
to  exchange  their  lands  within  the  limits  of  any  of  the 
states  or  territories,  and  remove  thither.  The  president 
was  authorized  to  assure  any  tribe  making  such  ex- 
change, that  the  United  States  would  forever  guaranty 
to  them  and  their  descendants  the  country  thus  as- 
signed to  them.  Improvements  upon  the  lands  origi- 
nally occupied  by  the  Indians,  were  to  be  paid  for  by 
the  United  States;  and  they  were  to  furnish  to  the 
emigrants  all  necessary  aid  in  removing  and  setthng  in 
their  new  country,  and  also  for  their  support  during  the 
first  year  after  their  removal.  The  number  of  Indians 
removed  prior  to  the  commencement  of  the  year  1839 
exoeeded  eighty  thousand. 


CHAPTER  XXXIII. 

THE    ARMY    OF    THE    UNITED    STATES. 

1.  Every  officer,  non-commissioned  officer  and  pri- 
vate in  the  army,  is  required  to  take  and  subscribe  an 
oath  or  affirmation,  that  he  will  bear  true  faith  and  al- 
legiance to  the  United  States  of  America,  and  will 
serve  them  honestly  and  faithfully  against  their  ene- 
mies or  opposers  whomsoever ;  and  that  he  will  observe 
and  obey  the  orders  of  the  president  of  the  United 
States,  and  of  the  officers  appointed  over  him,  accor- 
ding to  the  rules  and  articles  of  war.  The  army,  under 
the  military  peace  establishment  as  fixed  in  1821,  was 
composed  of  four  regiments  of  artillery,  and  seven  regi- 
ments of  infantry,  T^ith  officers  of  engineers,  of  ord- 
nance and  of  the  staffs  A  regiment  of  artillery  included 
nine,  and  one  of  infantry,  ten  companies,  each  compa- 


THE    ARMY.  125 

ny   having   its   appropriate   officers   and   non-commis- 
sioned officers,  and  forty-two  privates. 

2.  In  1833  a  regiment  of  dragoons  was  established, 
and  in  1836  a  second  regiment,  each  composed  of  ten 
companies.  In  1838  the  army  was  further  enlarged 
by  the  establishment  of  an  eighth  regiment  of  infantry, 
and  the  addition  of  one  company  to  each  regiment  of 
artillery ;  and  at  the  same  time,  sixteen  privates  were 
added  to  each  company  of  artillery,  and  thirty-eight  to 
each  company  of  infantry.  The  army,  as  thus  organ- 
ized, when  full,  embraced  upwards  of  twelve  thousand 
men.  By  the  act  of  1842  the  number  of  privates  was 
reduced  from  sixty  to  fifty  for  each  company  of  dra- 
goons, and  from  fifty-eight  and  eighty,  respectively,  to 
forty-two,  for  the  companies  of  artillery  and  infantry ; 
making  a  reduction,  in  the  whole  army,  of  about  four 
thousand.  The  same  act  provided  that  after  the  4th 
of  March,  1843,  the  second  regiment  of  dragoons 
should  be  converted  into  a  regiment  of  riflemen. 

3.  By  the  constitution,  the  president  is  made  the 
commander  in  chief  of  the  army  and  navy  of  the 
United  States,  and  of  the  militia  of  the  several  states 
when  called  into  the  actual  service  of  the  nation.  He 
however,  in  fact,  never  commands  the  forces  in  person. 
There  is  a  major  general,  who  is  the  commander  of  the 
army,  two  brigadier  generals,  a  quartermaster  general, 
who  has  the  rank,  pay  and  emoluments  of  a  brigadier 
general,  several  other  field  officers  who  rank  as  colonels 
of  cavalry,  and  various  subordinate  field  and  staft'  offi- 
cers. There  is  also  a  regular  organization  of  officers  of 
ordnance,  of  engineers,  and  of  topographical  engineers. 
Each  regiment  has  a  colonel,  a  lieutenant  colonel,  a 
major,  an  adjutant,  v/ho  is  taken  from  the  subalterns  of 
the  line,  a  sergeant  major  and  a  quartermaster  ser- 
geant. Each  company  has  a  captain,  two  lieutenants, 
(the  artillery  companies  have  three,)  four  sergeants,  four 
corporals  and  two  musicians. 

4.  The  commissioned  officers  of  the  army  are  ap- 
pointed by  the  president,  with  the  advice  of  the  senate ; 
and   he   may,  in  like  manner,  confer  brevet  rank  on 

11* 


126  THE    ARMY. 

officers  who  distinguish  themselves  by  gallant  actions 
or  meritorious  conduct.  Such  officers  are  entitled  to 
the  pay  and  emoluments  of  their  brevet  rank  when  on 
duty  and  having  a  command  according  to  that  rank, 
and  at  no  other  time.  All  enlistments  into  the  army  are 
made,  at  present,  for  the  term  of  five  years ;  and  those 
who  re-enlist  within  two  months  before,  or  one  month 
after  the  close  of  their  time  of  service,  are  entitled  to 
three  months'  extra  pay.  Two  dollars  a  month  of  the 
pay  of  non-commissioned  officers  and  musicians,  and 
one  dollar  of  that  of  private  soldiers,  are  retained  until 
the  expiration  of  their  term  of  service. 

5.  Officers  and  soldiers  of  the  army  receive  for  their 
compensation  a  fixed  amount  of  montlily  pay.  For 
their  subsistence  they  are  allowed  rations  of  provisions, 
consisting  of  a  stated  quantity  of  enumerated  articles. 
Commissioned  officers  are  entitled  to  several  rations  each, 
according  to  their  rank;  or  instead  of  the  rations  in  kind, 
they  may  at  their  option,  and  they  in  fact  do  receive 
money,  estimating  each  daily  ration  at  twenty  cents. 
Officers  conmianding  in  chief  a  separate  army,  actually 
in  the  field,  and  those  commanding  mihtary  geographi- 
cal divisions  or  departments,  or  permanent  posts  garri- 
soned with  troops,  are  allowed  double  the  number  of 
rations  to  which  they  would  otherwise  be  entitled. 
Commissioned  officers,  exclusive  of  general  officers, 
receive  one  additional  daily  ration  for  every  five  .years 
they  may  have  been  in  the  service.  Every  officer  in 
the  actual  command  of  a  company,  has  ten  dollars  a 
month  additional  pay,  for  his  responsibility  in  respect 
to  the  clothing,  arms  and  accoutrements  of  the  com- 
pany. 

6.  The  soldiers  receive  a  certain  amount  of  clothing, 
the  quantity  and  kind  of  which  are  prescribed  by  the 
president.  In  practice,  they  are  allowed  about  thnty 
dollars'  worth,  annually.  Officers  serving  on  horseback 
are  entitled  to  forage  for  their  horses.  A  ration  of  forage 
consists  of  eight  quarts  of  com,  or  twelve  quarts  of 
oats,  and  fourteen  pounds  of  hay  or  fodder  a  day ;  and 
in  lieu  of  it,  when  not  drawn   in   kind,    each   officer 


THE    ARMY.  127 

is  paid  an  equivalent  in  money,  at  the  rate  of  eight 
dollars  a  month  for  each  horse  to  which  he  is  entitled. 
Officers  receive,  according  to  their  rank,  the  pay,  cloth- 
ing and  subsistence  allowed  to  a  private  soldier,  for 
each  of  as  many  servants  as  they  actually  keep,  not 
exceeding  the  number  allowed  by  existing  regulations. 

7.  A  ration,  as  established  in  1802,  consists  of  one 
pound  and  a  quarter  of  beef,  or  three  quarters  of  a 
pound  of  pork,  eighteen  ounces  of  bread  or  flour,  one 
gill  of  rum,  whiskey  or  brandy ;  and  at  the  rate  of  two 
quarts  of  salt,  four  quarts  of  vinegar,  four  pounds  of 
soap,  and  one  pound  and  a  half  of  candles,  to  every 
hundred  rations.  The  president  is  authorized  to  make 
such  alterations  in  the  component  parts  of  the  ration, 
as  a  due  regard  to  the  health  and  comfort  of  the  army, 
and  economy  may  require.  In  1838  the  allowance  of 
sugar  and  coffee,  in  lieu  of  the  spirit  or  whiskey  part  of 
the  army  ration,  as  already  directed  by  regulation,  was 
fixed  at  six  pounds  of  coffee  and  twelve  pounds  of 
sugar  to  every  one  hundi-ed  rations,  to  be  issued  Aveek- 
ly,  when  it  can  be  done  with  convenience  to  the  public 
service,  and  when  not  so  issued,  to  be  paid  for  in 
money. 

8.  The  military  academy  at  West  Point,  in  the  state 
of  New  York,  consisting  of  the  corps  of  engineers,  sev- 
eral professors,  and  the  cadets,  is  conducted  and  main- 
tained by  the  national  government.  The  chief  officer 
of  engineers  has  the  superintendence  of  the  academy, 
under  the  direction  of  the  president  of  the  United 
States.  The  number  of  cadets  is  not  allowed  at  any 
time  to  exceed  two  hundred  and  fifty.  They  are  at- 
tached as  students  to  the  military  academy,  are  ar- 
ranged into  companies,  trained  and  taught  all  the  duties 
of  a  private,  non-commissioned  officer,  and  officer,  and 
are  encamped  at  least  tln-ee  months  in  each  year,  and 
instructed  in  all  the  duties  incident  to  a  regular  camp. 
Tliey  are  required  also  to  go  through  with  a  prescribed 
systematic  course  of  mathematical  and  other  studies, 
designed  especially  to  qualify  them  for  engineers  and 
officers  in  the  army. 


128  THE    NAVY. 

9.  Candidates  for  cadets  must  not  be  under  four- 
teen nor  over  twenty-one  years  of  age,  and  must  be 
well  versed  in  reading,  writing  and  arithmetic.  They 
are  appointed  by  the  president,  from  the  several  states, 
in  proportion  to  their  representation  in  congress ;  and 
they  are  required  to  sign  articles,  with  the  consent  of 
their  parents  or  guardians,  engaging  to  serve  eight 
years,  unless  sooner  discharged.  -  Formerly  the  term 
was  five  years.  They  each  receive  from"  the  govern- 
ment what  is  equivalent  to  about  twenty-eight  dollars  a 
month.  Those  who  have  received  a  regular  degree  at 
the  academy  are  considered  as  among  candidates  for  a 
commission  in  any  corps  for  which  they  are  deemed  to 
be  fitted ;  and  if  there  is  no  such  vacancy,  at  the  time, 
they  may,  at  the  discretion  of  the  president,  be  attached 
to  such  corps,  but  not  more  than  one  to  a  company,  by 
brevet  of  the  lowest  grade,  as  supernumerary  officers, 
until  a  vacancy  shall  happen. 


CHAPTER  XXXIV. 

THE    NAVY    AND    MARINES. 

1.  The  naval  force  of  the  United  States  consists  of 
eleven  ships  of  the  line,  carrying  seventy-four  or  more 
guns  each ;  seventeen  frigates,  mounting  usually  forty- 
four  guns ;  about  twenty  sloops,  carrying  from  sixteen 
to  twenty  guns ;  and  some  twenty  smaller  vessels, 
brigs,  schooners,  steamers,  store  ships  and  receiving 
vessels.  By  act  of  congi-ess  of  1827,  the  sum  of  five 
hundred  thousand  dollars  a  year,  for  six  years,  was 
appropriated  for  the  gradual  improvement  of  the  navy ; 
and  that  act  was  continued  for  six  years  longer  from 
the  3d  of  March,  1833.  In  1819  it  was  estabhshed  as 
a  rule,  that  all  ships  of  the  navy,  then  building,  or 
thereafter  to  be  built,  should  be  named,  those  of  the 
first  class,  or  ships  of  the  line,  after  the  states  of  the 


THE    NAVY.  129 

Union ;  those  of  the  second  class,  or  frigates,  after  the 
rivers ;  and  those  of  the  third  class,  or  sloops,  after  the 
principal  cities  and  towns. 

2.  The  president  is  authorized  to  keep  in  actual 
service,  in  time  of  peace,  so  many  of  the  frigates  and 
other  armed  vessels  of  the  United  States,  as  in  his 
judgment  the  nature  of  the  service  may  require ;  and 
to  cause  the  residue  to  be  laid  up  in  ordinary,  and  in 
convenient  ports.  He  may  also  direct  any  of  the  armed 
vessels  to  be  sold,  whenever  he  shall  be  of  opinion 
they  are  so  much  out  of  repair  that  it  "will  not  be 
for  the  interest  of  the  United  States  to  repair  them. 
The  public  armed  vessels  in  actual'  servdce,  in  time  of 
peace,  are  to  be  officered  and  manned  as  the  president 
shall  direct.  Vessels  mounting  upwards  of  twenty 
guns  are  commanded  by  captains ;  smaller  vessels  by 
commanders  or  heutenants,  according  to  the  size  of  the 
vessel,  to  be  regulated  by  the  president. 

3.  The  regular  complement  of  officers  for  a  ship  of 
the  Hne  consists  of  a  captain,  six  lieutenants,  a  captain, 
first  and  second  lieutenant  of  marines,  a  surgeon,  chap- 
lain, purser,  and  three  surgeon's  mates,  appointed,  as 
all  commissioned  officers  in  the  navy  are,  by  the  presi- 
dent, with  the  approval  of  the  senate ;  a  master,  second 
master,  three  master's  mates,  a  boatswain,  carpenter, 
sailmaker,  and  twenty  midshipmen,  appointed  by  the 
president  alone,  and  called  warrant  officers ;  and  about 
forty  petty  officers  who  are  appointed  by  the  captain  of 
the  sliip.  The  crew  of  such  a  ship  consists  of  tw^o 
hundred  able  seamen,  three  hundred  ordinary  seamen 
and  boys,  three  sergeants,  three  corporals,  one  drum- 
mer, one  fifer,  and  sixty  marines.  A  vessel  of  this 
kind  has  also  a  teacher  of  languages  or  a  professor  of 
mathematics. 

4.  The  highest  grade  in  the  navy  of  the  United 
States,  is  that  of  captain.  The  title,  commodore,  is  one 
of  courtesy  merely,  and  is  given  properly  to  a  captain 
who  is  ordered  to  the  command  of  a  squadron ;  but  it 
is  now  customary  to  apply  it  to  captains  in  the  com- 
mand  of  navy  yards,  though  they  may  never  have 


130  THE    NAVY. 

commanded  a  squadron.  The  term  2^ost  captain  is  said 
to  be  improperly  used  with  us,  being  borrowed  from 
the  British  service,  where  it  means  one  that  shall  take 
post  in  order  of  battle,  in  a  ship  of  the  line.  Surgeons, 
surgeons'  mates,  chaplains  and  pursers  are  commis- 
sioned officers,  but  are  non-combatants.  Passed  mid- 
shipmen are  warrant  officers  merely,  being  those  who, 
having  passed  their  examination  as  midshipmen,  are 
candidates  for  a  commission  as  lieutenants.  Professors 
of  mathematics  and  teachers  of  languages  receive  a 
letter  of  appointment  only. 

5.  The  annual  pay  of  officers  of  the  navy  varies, 
according  as  they  are  employed  about  one  or  another 
kind  of  duties,  or  are  absent  on  leave,  waiting  orders,  or 
on  furlough.  Leave  of  absence  is  limited  to  a  period  not 
exceeding  three  months,  at  one  time,  and  the  officer  is 
not  authorized,  without  special  permission,  to  go  be- 
yond the  limits  of  the  United  States.  Furlough  may 
extend  to  any  period,  during  which  the  officer  may  go 
where  he  pleases,  and  dispose  of  himself  as  he  sees  fit. 
Officers  on  furlough  receive  only  one  half  the  pay  to 
which  they  would  be  entitled  if  on  leave  of  absence ; 
and  no  officer  may  be  put  on  furlough  but  at  his  own 
request.  Officers  are  entitled  to  only  one  ration  a  day, 
when  attached  to  vessels  for  sea  service,  and  no  ser- 
vants are  allowed  them,  nor  pay,  clothing  or  rations  for 
servants ;  nor  any  thing  for  expenses,  excei)t  for  trav- 
elling expenses  when  under  orders,  for  which  they 
receive  ten  cents  a  mile. 

6.  It  is  lawful  to  enlist,  for  the  navy,  boys  between 
the  ages  of  thirteen  and  eighteen  years,  with  the  con- 
sent of  their  parents  or  guardians,  to  serve  until  they 
arrive  at  the  age.  of  twenty-one.  Other  persons  are 
enlisted  for  a  period  not  exceeding  five  years,  and  may 
be  sooner  discharged  by  direction  of  the  president. 
Rations  are  allowed  in  the  navy  in  thi5  same  manner 
as  in  the  army.  No  commissioned  officer  or  midship- 
man, nor  any  person  under  twenty-one  years  of  age,  is 
permitted  to  draw  the  spirit  part  of  the  daily  ration ; 
and  all  other  persons  may  relinquish  that  part,  under 


THE    NAVY.  131 

such  restrictions  as  the  president  shall  authorize.  Those 
who  do  not  receive  this  part  of  the  ration  are  entitled, 
in  hen  of  it,  to  its  value  in  money,  according  to  the 
established  prices. 

7.  The  navy  ration,  as  established  by  act  of  con- 
gress, in  1842,  consists  of  the  daily  allowance,  for  each 
person,  of  a  pound  of  salted  pork,  with  half  a  pint  of 
peas  or  beans ;  or  a  pound  of  salted  beef,  with  half  a 
pound  of  flour,  and  a  quarter  of  a  pound  of  raisins, 
dried  apples,  or  other  dried  fruits  ;  or  a  pound  of  salted 
beef,  with  half  a  pound  of  rice,  two  ounces  of  butter, 
and  two  ounces  of  cheese,  together  with  fourteen 
ounces  of  biscuit,  a  quarter  of  an  ounce  of  tea,  or  an 
ounce  of  coffee  or  of  cocoa,  two  ounces  of  sugar,  and  a 
gill  of  spirits :  and  of  a  weekly  allowance  of  half  a 
pound  of  pickles  or  cranberries,  half  a  pint  of  molasses, 
and  half  a  pint  of  vinegar.  In  certain  cases,  other  arti- 
cles may  be  substituted  for  some  of  these ;  or  the  arti- 
ticles  of  butter,  cheese,  raisins,  dried  apples,  or  other 
dried  fruits,  pickles  and  molasses,  substituted  for  each 
other  and  for  spirits. 

8.  There  are  navy  yards  at  Portsmouth,  N.  H., 
Charlestown,  Mass.,  Brooklyn,  N.  Y.,  Philadelphia, 
Pa.,  Washington,  D.  C,  Gosport,  Va,,  and  Pensacola, 
Flor.,  each  of  which  is  under  the  command  of  a  cap- 
tain of  the  navy.  At  these  navy  yards,  the  vessels  of 
war  are  built  and  repaired,  and  navy  materials,  arms 
and  munitions  of  war  are  kept  in  store.  There  are  ten 
permanent  navy  agents,  and  about  as  many  naval 
storekeejpers,  who  are  stationed  at  or  near  the  navy 
yards  and  other  principal  naval  stations.  Marine  hos- 
pitals to  the  number  of  twelve  or  upwards,  for  the 
benefit  of  sick  and  disabled  seamen,  have  been  estab- 
lished near  the  principal  seaports,  and  on  the  waters  of 
the  western  rivers  and  lakes.  These  have  been  erect- 
ed and  supported,  in  part  by  general  appropriations, 
and  in  part  with  money  from  the  marine  hospital  fund, 
which  is  raised  by  deducting  and  retaining  twenty 
cents  a  month  out  of  the  pay  of  each  of  the  officers, 


132  POST  OFFICE  DEPARTMENT. 

seamen  and  marines  of  the  navy,  and  of  the  seamen 
employed  m  merchant  vessels. 

9.  There  is  a  marine  corps,  consisting  of  about  sixty 
commissioned  officers,  upwards  of  two  hundred  non- 
commissioned officers  and  musicians,  and  one  thousand 
privates.  The  members  of  this  corps  are  on  the  same 
footing,  as  to  rank,  pay  and  allowances,  as  those  of 
similar  grades  in  the  infantry.  Enlistments  are  rnade 
for  the  term  of  four  years,  and  the  recruits  take  the 
same  oath  as  those  who  enlist  into  the  army.  The 
marine  corps  is  subject  to  the  regulations  established 
for  the  navy,  except  when  detached  for  service  with 
the  army.  Detachments  of  the  marines  may  be  made, 
and  officers  of  the  corps  appointed,  to  act  on  board  the 
public  vessels  of  war,  as  the  president  shall  judge  nec- 
essary ;  and  when  he  shall  so  direct,  this  corps  is  liable 
to  do  duty  in  the  forts  and  garrisons  on  the  seashore, 
or  any  other  duty  on  shore. 


CHAPTER  XXXV. 

THE    POST    OFFICE    DEPARTMENT. 

1.  The  general  post  office  is  established  at  Wash- 
ington, and  is  under  the  direction  of  the  postmaster 
general,  who  is  authorized  to  appoint  three  assistants, 
and  the  clerks  of  the  department,  at  present  about  fifty 
in  number.  In  case  of  the  death,  resignation,  or  ab- 
sence of  the  postmaster  general,  his  powers  and  duties 
devolve,  for  the  time  being,  upon  the  first  assistant 
postmaster  general.  Every  person  employed  in  the 
general  post  office,  or  in  the  care,  custody,  or  convey- 
ance of  the  mail,  is  required,  before  entering  upon  the 
duties  of  his  office,  to  take  and  subscribe,  before  some 
magistrate,  an  oath  or  affirmation,  a  certificate  of  which 
is  to  be  filed  in  the  general  post  office,  faithfully  to 


POST  OFFICE  DEPARTMENT.  133 

perform  all  the  duties  required  of  him,  and  to  abstain 
from  every  thing  forbidden  by  the  laws  in  relation  to 
the  establishment  of  the  post  office  and  post  roads. 

2.  The  revenue  arising  in  the  post  office  depart- 
ment is  paid,  under  the  direction  of  the  postmaster 
general,  into  the  treasury  of  the  United  States  ;  and  all 
receipts  of  the  treasurer  for  money  entered  to  the  credit 
of  that  department,  must  be  indorsed  upon  warrants 
drawn  by  the  postmaster  general.  The  appropriations 
for  the  service  of  the  post  office  department,  are  dis- 
bursed by  the  treasurer,  out  of  the  moneys  thus  paid 
in,  upon  the  wanunts  of  the  postmaster  general,  duly 
registered  and  countersigned.  When,  as  has  sometimes 
happpened,  the  income  of  the  department  has  been 
insufficient  to  defray  its  expenses,  congress  has  made 
special  appropriations  for  the  purpose,  out  of  other 
moneys  in  the  treasury.  The  gross  annual  revenue  of 
the  department,  is  now  nearly  five  millions  of  dollars ; 
and  the  expenditures  are  usually  about  the  same  sum. 

3.  Some  of  the  duties  of  the  postmaster  general 
are,  to  establish  post  offices,  and  appoint  postmasters  at 
such  places  as  shall  appear  to  him  expedient,  on  the 
post  roads  established  by  law;  to  give  his  assistants, 
the  postmasters,  and  other  persons  employed  in  the 
department,  instructions  relative  to  their  duties ;  and  to 
provide  for  the  carriage  of  the  mail  on  all  post  roads 
established  by  law,  as  often  as  he  shall  think  proper, 
having  regard  to  all  the  chcumstances.  He  is  to  obtain 
from  the  postmasters,  once  in  three  months,  or  oftener, 
their  accounts  and  vouchers,  mth  the  balances  arising 
on  them ;  to  prescribe  the  manner  in  which  postmasters 
shall  pay  over  their  balances ;  and  to  superintend  the 
business  of  the  department,  in  all  the  duties  assigned 
to  it. 

4.  The  postmaster  general  is  required  to  give  public 
notice  in  one  newspaper  published  at  the  seat  of  gov- 
ernment of  the  United  States,  and  in  one  or  more  of  the 
newspapers  published  in  the  state  or  territory  in  which 
the  contract  is  to  be  performed,  for  at  least  twelve 
weeks  before  entering  into  any  contract  for  carrying  the 

12 


134  POST  OFFICE  DEPARTMENT. 

mail,  that  such  contract  is  intended  to  be  made,  speci- 
fying the  places  from  and  to  which  the  mail  is  to  be 
conveyed,  the  time  when  it  is  to  be  made  up,  and  when 
to  be  delivered.  Contracts  usually  commence  from  the 
first  day  of  July,  which  is  the  beginning  of  the  post  of- 
fice year;  and  no  contract  can  be  entered  into  for  a 
longer  term  than  four  years. 

5.  Proposals  for  transporting  the  mail  are  required, 
to  be  delivered  to  the  department  sealed,  and  to  be 
kept  sealed  until  the  biddings  are  closed,  when  they 
are  opened  in  the  presence  of  the  postmaster  general 
and  one  of  his  assistants,  or  in  the  presence  of  two 
assistants.  The  contracts,  in  all  cases,  are  to  be 
awarded  to  the  lowest  bidder,  except  when  his  bid  is 
not  more  than  five  per  cent,  below  that  of  the  last  con- 
tractor on  the  route  bid  for,  who  shall  have  faithfully 
performed  his  contract.  Each  bidder  whose  proposal 
is  accepted,  is  required  to  enter  into  an  obligation,  with 
sufficient  sureties,  for  the  performance  of  the  service ; 
and  every  proposal  when  made,  must  be  accompanied 
by  a  written  guarantee,  signed  by  one  or  more  respon- 
sible persons,  to  enter  into  such  obligation,  if  the  bid 
shall  be  accepted. 

6.  No  stage  or  other  vehicle  which  regularly  per- 
forms trips  on  a  post  road,  or  on  a  road  parallel  to  one, 
is  allowed  to  carry  letters,  and  the  owner  of  the  vehicle 
is  subject  to  a  penalty  of  fifty  dollars  for  the  violation 
of  this  provision.  Only  free  white  persons  can  be  em- 
ployed to  carry  the  mail.  Any  person  concerned  in 
conveying  the  mail,  who  shall  receive  or  carry  any  let- 
ter or  packet,  or  procure  it  to  be  done,  contrary  to  the 
act  of  congress,  is  liable  to  a  fine  not  exceeding  fifty 
dollars,  for  every  such  offence.  But  it  is  lawful  for  any 
one  to  send  letters  by  special  messenger ;  and  the  post- 
master general,  in  entering  into  a  contract  with  any 
person  for  conveying  the  mail,  may  authorize  him  to 
carry  newspapers  and  pamphlets  other  than  those  car- 
ried in  the  mail. 

7.  Post  riders  and  other  carriers  of  the  mail  may 
receive,  and  if  presented  more  than  one  mile  from  a 


POST  OFFICE  DEPARTMENT.  135 

post  office  it  is  their  duty  to  receive  any  way  letters 
that  may  be  offered  to  them,  and  they  are  bound  to 
deHver  them,  together  with  the  postage,  if  paid,  at  the 
first  post  office  at  wliich  they  shall  afterwards  arrive. 
Such  letters  are  there  to  be  duly  entered  by  the  post- 
master in  the  post  bill,  marked  "way,"  and  put  into 
the  mail ;  and  they  are  to  be  charged,  in  addition  to  the 
regular  postage  from  the  place  where  received  by  the 
carrier,  one  cent  each,  which  shall  be  paid  by  the  post- 
master to  the  carrier  from  whom  the  letter  was  re- 
ceived. 

8.  The  master  of  any  vessel  amving  at  any  port  in 
the  United  States  where  a  post  office  is  established,  is 
required,  before  being  permitted  to  make  entry  at  the 
custom  house,  to  deliver  to  the  postmaster  all  letters 
directed  to  any  person  within  the  United  States,  which, 
under  his  care  or  within  his  power,  have  been  brought 
in  such  vessel,  except  letters  directed  to  the  owner  or 
consignee  of  the  vessel.  The  postmaster  to  whom  the 
letters  are  delivered,  is  bound  to  pay  the  master,  or 
other  person  delivering  them,  except  the  commanders 
of  foreign  packets,  two  cents  for  each  letter  or  packet ; 
and  for  the  amount  thus  paid,  on  furnishing  the  re- 
quired vouchers,  he  is  credited  in  his  quarterly  accounts 
with  the  department. 

9.  The  postmaster  general  is  authorized  to  make 
provision,  where  it  is  necessary,  for  the  receipt  of  let- 
ters and  packets  intended  to  be  conveyed  by  any  vessel 
beyond  sea,  or  from  one  port  to  another  within  the 
United  States.  The  letters  so  received  are  formed 
into  a  mail,  sealed  up,  and  directed  to  the  postmaster 
of  the  port  to  \vhich  the  vessel  is  bound.  For  every 
such  letter  or  packet  there  is  to  be  paid,  at  the  time  of 
its  reception,  a  postage  of  one  cent,  for  the  use  of  the 
postmaster  receiving  the  letter  or  packet.  When  let- 
ters are  sent  by  mail  to  a  seaport,  to  be  conveyed  thence 
by  ship,  the  postage  must  be  paid  for  the  distance  they 
are  carried  in  the  mail,  or  they  will  not  be  mailed  at  the 
port  and  put  on  board  the  ship. 


136  POSTMASTERS. 

CHAPTER  XXXVI 

POSTMASTERS. 

1.  The  postmaster  general  had  formerly  the  exclu- 
sive power  of  appointing  and  removing  all  deputy  post- 
masters, at  his  pleasure.  But  since  1836,  postmasters 
for  offices  at  which  the  annual  income  exceeds  one 
thousand  dollars,  are  appointed  by  the  president,  with 
the  advice  of  the  senate,  for  the  term  of  four  years, 
unless  sooner  removed  by  the  president.  The  number 
of  postmasters  is  nearly  fourteen  thousand,  and  the 
patronage  of  the  postmaster  general,  which,  before  the 
change  just  referred  to,  it  was  remarked,  rivalled  if  it 
did  not  exceed  that  of  the  president  himself,  is  still 
enormous.  The  commissions  of  postmasters  bear  the 
official  seal  of  the  department.  "Upon  the  appointment 
of  any  person  to  the  office  of  postmaster,  the  post- 
master general  is  required  to  take  of  him  a  bond  with 
approved  security,  in  such  sum  as  he  shall  judge  suffi- 
cient, conditioned  for  the  faithful  performance  of  the 
duties  of  the  office. 

2.  Every  postmaster  is  required  to  keep  an  office  in 
which  some  person  shall  attend  every  day  on  which  a 
mail  arrives,  as  well  as  on  other  days,  at  such  hours  as 
the  postmaster  general  may  direct,  for  the  performance 
of  the  business  of  the  office.  It  is  the  duty  of  the 
postmaster  at  all  reasonable  hours,  on  every  day  of  the 
week,  to  deliver,  on  demand,  any  letter,  paper  or 
packet,  to  any  person  authorized  to  receive  it.  And 
all  letters  brought  to  any  office  half  an  hour  before  the 
time  of  making  up  the  mail,  for  the  route  by  which 
they  are  to  be  sent,  must  be  forwarded  by  that  mail, 
excepting  at  offices  where  the  postmaster  general  shall 
prescribe  a  longer  time,  but  not  to  exceed  one  hour,  for 
making  up  the  mail.     Where  there  is  no  special  regu- 


POSTMASTERS.  137 

lation  on  the  subject,  postmasters  are  allowed  seven 
minutes  for  changing  the  mail,  on  the  route. 

3.  Letters  deposited  in  any  post  office  to  be  sent  by- 
mail  are  disposed  of  in  the  following  maimer.  Those 
for  each  office  within  the  state,  and  also  those  for 
each  office  without  the  state,  to  which  they  can  be 
conveyed  by  a  route  more  direct  than  through  a  dis- 
tributing post  office,  are  put  in  a  separate  parcel,  and 
each  parcel  with  a  post  bill  specifying  the  number  of 
letters  inclosed  and  the  postage  chargeable  upon  them, 
is  wrapped  in  paper,  and  tied  with  twine,  and  directed 
to  the  proper  office.  All  other  letters  are  sorted,  ac- 
cording to  the  direction  they  are  to  take,  and  done  up 
in  parcels,  which  are  directed,  "  northern,"  "  southern," 
"  eastern,"  and  "  western,"  as  the  case  may  be,  and  are 
forwarded  accordingly.  These  parcels  are  stopped  at 
the  first  distributing  office  at  which  they  arrive,  and  are 
there  opened,  and  their  contents  distributed  and  des- 
patched in  the  proper  direction.  The  number  of  dis- 
tributing post  offices  averages  about  two  to  each  state. 

4.  Postmasters  receive  for  their  compensation  such 
commission  as  may  be  allowed  them  by  the  postmaster 
general  on  the  postage  collected  by  them  respectively, 
not  to  exceed  the  following  rates  on  the  amount  re- 
ceived in  any  one  quarter,  and  heretofore  it  has  been 
fixed  at  these  rates,  namely ;  thirty  per  cent,  on  any 
sum  hot  exceeding  one  hundred  dollars ;  twenty-five 
per  cent,  on  any  sum  above  the  first  one  hundred  dol- 
lars, and  not  exceeding  four  hundred  dollars;  twenty 
per  cent,  on  any  sum  above  the  first  foar  hundred  dol- 
lars, and  not  exceeding  two  thousand  four  hundred 
dollars  ;  and  eight  per  cent,  on  any  sum  above  the  first 
two  thousand  four  hundred  dollars.  A  commission  of 
fifty  per  cent,  may  be  allowed  on  the  postage  received 
for  newspapers,  magazines  and  pamphlets  ;  and  where 
the  income  does  not  exceed  five  handred  dollars  in  one 
quarter,  the  postmaster  may  be  allowed  two  cents  for 
every  free  letter  delivered  out  of  the  office,  except- 
ing such  as  are  for  himself  There  is  a  small  ad- 
ditional  compensation   at  offices  where   the   mail  is 

12* 


138  POSTMASTERS. 

regularly  to  arrive  in  the  night  time,  and  also  at  those 
where  foreign  mails  are  received  and  despatched,  and 
at  distributing  offices. 

5.  Whenever  the  annual  emoluments  of  any  post- 
master, after  deducting  the  necessary  expenses  of  his 
office,  amount  to  more  than  two  thousand  dollars,  the 
surplus  is  to  be  paid  over  to  the  postmaster  general, 
for  the  use  of  the  department.  And  the  postmasters  of 
the  several  cities  of  the  Union  are  now  required  to 
render  to  the  postmaster  general,  under  oath,  a  quar- 
terly account  of  all  emoluments  received  by  them'  for 
boxes,  or  other  receptacles  for  letters  or  papers,  or  for 
the  delivery  of  letters  or  papers  at  any  other  place  than 
the  actual  post  office  of  the  city,  or  accruing  by  reason 
of  keeping  branch  post  offices.  And  if  it  shall  appear 
that  the  net  amount  received  by  either  of  such  post- 
masters, from  all  the  sources  enumerated,  exceeds 
three  thousand  dollars  in  any  one  year,  the  excess 
above  that  sum  is  required  to  be  paid  over  to  the  post 
office  department;  so  that  now,  no  postmaster  can 
retain  more  than  five  thousand  dollars  a  year,  for  all 
services  and  perquisites  whatsoever. 

6.  Each  postmaster  is  required  to  publish,  at  the 
expiration  of  every  three  months,  or  oftener  if  the  post- 
master general  shall  so  direct,  in  one  of  the  newspapers 
published  at  or  nearest  the  place  of  his  residence,  for 
three  successive  weeks,  a  list  of  all  the  letters  remain- 
ing in  his  office  ;  or  instead  of  that  to  make  out  a  num- 
ber of  hsts,  and  post  them  up  in  public  places  in  the 
vicinity.  At  the  expiration  of  the  next  three  months, 
such  of  these  letters  as  then  remain  on  hand,  are  to  be 
sent  as  dead  letters  to  the  general  post  office,  there  to 
be  opened  and  inspected.  If  any  of  them  are  found  to 
contain  valuable  papers,  or  matters  of  consequence, 
they  are  returned  to  the  writers  of  them,  or  are  ad- 
vertised in  the  manner  prescribed  by  law,  and  the  let- 
ters and  their  contents  are  preserved,  to  be  delivered 
to  the  persons  to  whom  they  are  addressed,  upon  pay- 
ment of  the  postage  and  the  expense  of  publication. 

7.  Postmasters  are  bound  to  render  their  accounts, 


POSTMASTERS.  139 

and  pay  over  the  balance  by  them  due,  at  the  end  of 
every  three  months.  If  any  postmaster  shall  neglect  or 
refuse  so  to  do,  it  is  the  duty  of  the  postmaster  general 
to  cause  a  suit  to  be  commenced  against  him;  and 
any  postmaster  who  fails  to  render  his  accounts  for 
one  month  after  the  proper  time,  forfeits  double  the 
amount  of  the  postages  received  at  the  same  office,  in 
any  equal  portion  of  time  previous  or  subsequent. 
The  post  office  department  cannot  be  made  responsible 
for  the  safe  conveyance  and  delivery  of  letters,  or  of 
money  or  other  articles  sent  in  the  mail.  Nor  are 
postmasters  responsible  for  losses,  if  they  use  due  care 
and  diligence  in  discharging  their  duties,  and  exercise  a 
reasonable  superintendence  over  the  persons  employed 
by  them.  But  postmasters,  clerks  and  others  in  the  de- 
partment, are  personally  liable  for  losses  and  injuries 
occasioned  by  their  negligence  or  delinquency. 

8.  If  any  postmaster  shall  unlawfully  detain  in  his 
office  any  letter  or  packet,  with  intent  to  prevent  the 
arrival  and  delivery  of  it  in  the  usual  course  of  the 
mail ;  or  if,  with  the  same  intent,  he  shall  give  a  pre- 
ference to  any  letter  or  packet  over  another  passing 
through  his  office,  by  forwarding  the  one  and  retaining 
the  other,  he  is  liable  to  be  fined  not  exceeding  five 
hundred  dollars,  and  imprisoned  not  more  than  six 
months.  And  any  person  employed  in  the  post  office 
establishment,  who  shall  unlawfully  detain  or  open,  or 
shall  secrete,  embezzle  or  destroy  any  letter  or  packet 
intrusted  to  him,  and  which  is  intended  to  be  conveyed 
by  post,  is  subject  to  a  ffiie  not  exceeding  three  hun- 
dred dollars,  or  to  imprisonment  not  exceeding  six 
months,  or  to  both.  But  if  the  letter  or  packet,  so 
secreted,  embezzled  or  destroyed,  contained  any  of 
certain  specified  securities  or  assurances  relating  to 
money,  the  punishment  is  imprisonment  for  not  less 
than  ten  nor  more  than  twenty-one  years. 

9.  It  is  provided  that  any  person  who  shall  take 
from  a  mail  or  post  office,  any  letter  or  packet,  whether 
with  or  without  the  consent  of  the  person  having 
charge  of  it,  and  shall  open,  embezzle  or  destroy  it,  if  it 


140  RATES    OF    POSTAGE. 

contain  any  article  of  value,  or  evidence  of  debt,  or  the 
like,  shall  be  imprisoned  from  two  to  ten  years.  And  if 
any  one  shall  take  any  letter  or  packet,  not  containing 
any  article  of  value,  out  of  a  post  office,  or  shall  open 
any  letter  or  packet,  which  has  been  in  a  post  office, 
or  in  the  custody  of  a  mail  carrier,  before  it  shall  have 
been  delivered  to  the  person  to  whom  it  is  directed, 
with  a  design  to  obstruct  the  correspondence,  or  to  pry 
into  another's  business  or  secrets ;  or  shall  secrete, 
embezzle  or  destroy  any  such  letter  or  packet,  he  is 
subject  to  a  fine  not  exceeding  five  hundred  dollars, 
and  to  imprisonment  not  exceeding  twelve  months. 


CHAPTER  XXXVII 

RATES  OF  POSTAGE  AND  FRANKING. 

1.  The  rates  of  postage  charged  on  all  letters  and 
packets  not  excepted  by  law,  conveyed  in  the  mail  of 
the  "United  States,  are  the  following :  For  every  letter 
composed  of  a  single  sheet  of  paper,  conveyed  not  ex- 
ceeding thirty  miles,  six  cents ;  over  thirty  and  not  ex- 
ceeding eighty  miles,  ten  cents ;  over  eighty  and  not 
exceeding  one  hundred  and  fifty  miles,  twelve  and  a 
half  cents ;  over  one  hundred  and  fifty  and  not  exceed- 
ing four  hundred  miles,  eighteen  and  three  fourths 
cents;  over  four  hundred  miles,  twenty-five  cents. 
Every  letter  composed  of  two  pieces  of  paper  is 
charged  with  double,  of  three  pieces,  with  triple,  and 
of  four  pieces,  with  quadruple  those  rates.  For  one  or 
more  pieces  of  paper  mailed  as  a  letter  and  weighing 
one  ounce,  avoirdupois,  and  for  every  packet  composed 
of  one  or  more  other  articles,  and  weighing  one  ounce, 
quadruple  postage  is  charged,  and  at  the  same  rate  for 
all  greater  weights. 

2.  The  postage  marked  on  any  letter  or  packet,  and 
charged  in  the  post  bill  accompanying  it,  is  conclusive 


RATES    OF    POSTAGE.  141 

evidence  of  the  lawful  postage  on  such  letter  or  packet, 
in  favor  of  the  postmaster  who  delivers  it,  unless  it  be 
opened  in  the  presence  of  the  postmaster  or  his  clerk ; 
and  when  so  opened,  such  postage  is  to  be  pS.id  as, 
upon  examination,  shall  appear  to  be  lawfully  chargea- 
ble. No  postmaster  may  receive,  to  be  conveyed  by 
mail,  any  packet  weighing  more  than  three  pounds. 
Every  letter  lodged  at  any  post  office,  not  to  be  carried 
by  post,  but  to  be  there  delivered,  is  chargeable  with  a 
postage  of  one  cent.  Every  letter  or  packet  brought 
into  the  United  States,  or  carried  from  one  port  to 
another  in  any  private  vessel,  is  charged  with  six  cents, 
if  delivered  at  the  post  office  where  it  is  first  received ; 
if  sent  by  post  to  any  other  place,  two  cents  are  charged 
in  addition  to  the  ordinary  rates  of  postage. 

3.  Every  four  folio,  or  eight  quarto,  or  sixteen  ocla- 
vo,  or  twenty-four  duodecimo,  or  smaller  pages,  what- 
ever be  the  size  of  the  paper,  are  considered  a  sheet ; 
and  the  surplus  pages  of  any  pamphlet  or  magazine 
are  also  considered  a  sheet.  Every  printed  pamphlet 
or  magazine,  which  contains  more  than  twenty-four 
pages  on  a  royal  sheet,  or  any  sheet  of  less  dimensions, 
is  charged  by  the  sheet,  and  small  pamphlets  printed 
on  a  half  or  quarter  sheet  of  royal  or  less  size,  are 
charged  with  half  the  postage  of  a  full  sheet.  It  is  re- 
quired that  there  be  printed  or  written  on  one  of  the 
outer  pages  of  all  pamphlets  and  magazines  that  are  to 
be  sent  by  mail,  the  number  of  sheets  they  contain ; 
and  if  that  number  be  not  truly  stated,  double  postage 
is  to  be  charged.  The  covers  of  pamphlets  and  maga- 
zines are  not  reckoned,  if  used  merely  as  covers,  and 
not  containing  printed  matter. 

4.  Magazines  and  pamphlets,  if  published  periodi- 
cally, may  be  transported  in  the  mail  to  subscribers,  at 
a  postage  of  one  cent  and  a  half  on  each  sheet,  for  any 
distance  not  exceeding  one  hundred  miles,  and  two 
and  a  half  cents  for  any  greater  distance.  On  such  as 
are  not  periodically  published,  the  postage  is  four  cents 
a  sheet  for  any  distance  not  over  one  hundred  miles, 
and  six  cents  if  the  distance  exceed  one  hundred  miles. 


142  FRANKING. 

Newspapers  are  charged  with  a  postage  of  one  cent 
each,  if  conveyed  not  more  than  one  hundred  miles, 
and  a  cent  and  a  half  for  any  greater  distance ;  but  the 
postage  of  a  single  newspaper  from  any  one  place  to 
any  other  in  the  same  state,  is  but  one  cent.  Newspa- 
pers which  are  to  be  carried  by  mail  are  required  to  be 
under  cover,  open  at  one  end. 

5.  Any  memorandum  wTitten  on  a  newspaper  or 
printed  pamphlet,  and  sent  openly  by  mail,  is  chargeable 
with  letter  postage.  Any  person  who  shall  enclose  or 
conceal  a  letter  or  other  thing,  or  any  memorandum  in 
writing,  in  a  newspaper  or  pamphlet,  or  make  any 
wilting  or  memorandum  thereon,  and  shall  cause  it  to 
be  delivered  into  a  post  office  in  order  to  have  it  carried 
by  mail,  free  of  letter  postage,  is  liable  to  a  fine  of  five 
dollars.  And,  in  such  case,  the  letter,  newspaper, 
package,  or  other  thing,  shall  not  be  delivered  to  the 
person  to  whom  it  is  directed,  until  the  amount  of 
single  letter  postage  is  paid  for  every  article  of  which 
the  package  is  composed. 

6.  The  prohibition  in  regard  to  writing  upon  news- 
papers and  pamphlets,  according  to  the  construction 
now  put  upon  it  by  the  department,  extends  to  any 
words,  however  few,  other  than  the  name  of  the  person 
addressed.  Postmasters  are  directed  to  remove  the 
wrappers  of  transient  newspapers  and  pamphlets, 
which  have  reached  their  destination,  and  to  examine 
the  papers.  Those  used  as  vehicles  of  communication, 
by  means  of  underscoring,  dotting,  or  pricking  letters  or 
words,  or  by  other  devices,  are  to  be  charged,  on  deliv- 
ery, with  letter  postage.  If  refused  or  not  taken  out, 
they  are  to  be  returned  to  the  office  where  first  mailed, 
and  the  postmaster  there  is  to  collect  the  legal  penalty 
of  five  dollars,  of  the  person  who  committed  the  of- 
fence. 

7.  Certain  persons  are  entitled,  by  law,  to  receive 
and  convey  letters  and  packets,  and  to  receive  news- 
papers, by  post,  free  of  postage.  There  are  about  forty 
individuals  who  enjoy  the  privilege  o?  franking,  in  its 
full  extent,  being  the  incumbents,  for  the  time,  of  the 


FRANKING.  143 

principal  executive  offices  of  the  national  government, 
and  such  persons  as  have  held  the  office  of  presi- 
dent of  the  United  States,  and  the  widows  of  these  last. 
Each  member  of  congress  has  this  privilege  from  the 
period  of  sixty  days  before  he  takes  his  seat  until  the 
meeting  of  the  next  congress ;  provided  that  each  letter 
or  packet,  except  documents  printed  by  the  order  of 
either  house,  do  not  exceed  two  ounces  in  weight,  and 
in  case  of  excess  of  weight,  that  excess  alone  is  to  be 
paid  for.  The  secretary  of  the  senate  and  clerk  of  the 
house  of  representatives  have  the  same  privilege  as 
members  of  congress,  but  restricted  to  the  period  of 
sixty  days  before  and  after  each  session. 

8.  All  postmasters  are  allowed  to  send  and  receive, 
free  of  postage,  letters  and  packets  containing  nothing 
other  than  paper  or  money,  and  not  exceeding  half  an 
ounce  each  in  weight ;  and  they  may  receive  one  daily 
newspaper  or  its  equivalent.  Every  printer  of  news- 
papers is  entitled,  under  certain  regulations,  to  send 
one  paper  to  every  other  printer  of  newspapers  within 
the  United  States,  free  of  postage ;  and  the  governor 
and  the  adjutant  general  of  each  state  have  the  privi- 
lege of  franking,  for  particular  limited  purposes.  When 
a  letter  or  packet  is  to  be  franked,  the  individual  writes 
upon  it  the  word  "  free,"  to  which  he  signs  his  name 
and  adds  the  office  that  gives  him  the  privilege  of 
franking.  No  person  who  has  tliis  privilege,  except  the 
head  officers  of  the  several  executive  departments  in 
certain  cases,  can  frank  letters  other  than  those  written 
by  liimself,  or  by  his  order,  on  the  business  of  his  office, 
under  a  penalty  of  ten  dollars. 


144  PATENTS    AND    COPYRIGHTS. 

CHAPTER  XXXVIII. 

PATENTS    AND    COPYRIGHTS. 

1.  The  patent  office  is  attached  to  the  department 
of  state,  and  at  the  head  of  it  is  the  co7nmissioner  of 
patents,  who  is  appointed  by  the  president,  with  the 
advice  and  consent  of  the  senate.  It  is  his  duty,  under 
the  direction  of  the  secretary  of  state,  to  superintend 
and  perform  all  required  acts  in  respect  to  the  granting 
of  patents  for  new  and  useful  discoveries,  inventions 
and  improvements,  and  he  has  the  charge  and  custody 
of  all  books,  records,  models,  and  other  things  belong- 
ing to  the  office.  The  persons  employed  in  the  office, 
consisting  of  five  clerks,  two  assistant  examiners,  a 
machinist,  and  a  messenger,  are  appointed  by  the  com- 
missioner of  patents,  subject  to  the  approval  of  the 
secretary  of  state.  The  chief  clerk,  in  the  necessary 
absence  of  the  principal  officer,  or  of  a  vacancy  in  that 
office,  performs  the  duties  of  commissioner,  for  the 
time  being. 

2.  Any  person  wishing  to  procure  a  patent  for  any 
new  and  useful  art,  machine,  or  manufacture,  may  for 
that  purpose  make  application  in  writing  to  the  com- 
missioner of  patents.  He  must  file  in  the  patent  office 
a  written  description  or  specification  of  the  invention 
or  discovery,  and  of  the  manner  of  making  and  using  it, 
expressed  in  clear  and  exact  terms ;  and  in  case  of  a 
machine,  he  must  explain  the  principle  on  which  it 
operates,  and  specify  the  part,  improvement,  or  combi- 
nation which  he  claims  as  his  own  invention.  He  must, 
when  the  nature  of  the  case  will  admit  of  it,  accom- 
pany the  whole  with  drawings  and  written  references ; 
and  if  it  can  be  done,  furnish  a  model  of  his  invention, 
of  a  convenient  size  to  exhibit  its  several  parts.  The 
applicant  is  required  to  make  oath  or  affirmation  that 


PATENTS.  145 

he  verily  believes  he  is  the  original  inventor  or  discov- 
erer of  the  art,  macliine,  or  improvement  in  question. 

3.  No  application  for  a  patent  will  be  considered  by 
the  commissioner,  until  the  applicant  has  paid  into  the 
treasury  of  the  United  States,  or  into  the  patent  office, 
thirty  dollars,  commonly,  if  he  be  a  citizen  of  the 
United  States,  or  an  alien  who  has  resided  in  the 
United  States  one  year  and  made  oath  of  his  intention 
to  become  a  citizen;  five  hundred  dollars,  if  a  subject 
of  the  king  of  Great  Britain;  and  any  other  person, 
three  hundred  dollars.  The  money  thus  received  into 
the  treasury  constitutes  a  fund  for  paying  the  salaries 
of  the  officers  and  clerks,  and  other  expenses  of  the 
patent  office,  and  is  called  the  patent  fund.  In  case  the 
applicant  shall  voluntarily  withdraw  his  application,  re- 
linquishing his  claim  to  the  model,  he  is  entitled  to  re- 
ceive back  two  thirds  of  the  duty  paid  into  the  treas- 
ury, on  account  of  the  application. 

4.  It  was  enacted  by  congress  in  1842,  that  any  citi- 
zen, or  any  alien  having  resided  one  year  in  the  United 
States,  and  taken  the  oath  of  his  intention  to  become 
a  citizen,  who  by  his  own  industry,  genius  and  ex- 
pense, may  have  invented  or  produced  any  new  and 
original  design  for  a  manufacture,  or  for  the  printing  of 
fabrics,  or  for  a  bust,  statue,  or  the  like,  or  any  new 
and  original  impression  or  ornament,  or  new  and  useful 
pattern  or  print,  to  be  worked  into  or  printed  or  fixed 
on  any  article  of  manufacture,  or  any  new  and  original 
shape  or  configuration  of  any  article  of  manufacture, 
may  obtain  a  patent  therefor,  on  making  application  in 
the  usual  way.  The  fee  in  such  cases  is  one  half  the 
sum  which,  by  existing  laws,  would  be  required  of  the 
particular  applicant,  and  the  duration  of  the  patent  is 
seven  years. 

5.  Whenever,  upon  examination,  the  commissioner 
shall  be  of  opinion,  that  the  party  applying  is  not  enti- 
tled to  a  patent,  upon  his  existing  application,  he  is 
required  to  notify  the  applicant  to  that  efiect;  who  may 
then  withdraw  his  application,  or  modify  it,  and  submit 
it  again  to  the  commissioner,  and  if  his  decision  is  ad- 

13 


146  PATENTS. 

verse,  he  may  appeal  to  the  chief  justice  of  the  district 
court  for  the  District  of  Cohimbia.  If  a  patent  be  re- 
fused by  the  commissioner,  or  by  the  chief  justice  of 
the  District  of  Cohimbia  on  appeal  from  the  commis- 
sioner, the  party  may  have  a  remedy  by  a  bill  in 
equity,  in  the  circuit  court  of  the  United  States.  When 
the  commissioner  shall  be  of  opinion  that  the  applicant 
is  entitled  to  a  patent  upon  his  specification  and  claim, 
as  well  as  when  his  right  has  been  established  in 
either  of  the  modes  to  which  he  may  resort,  a  patent 
is  granted  accordingly. 

6.  All  patents  issue  in  the  name  of  the  United  States, 
under  the  seal  of  the  patent  office,  signed  by  the  secre- 
tary of  state,  and  countersigned  by  the  commissioner 
of  patents ;  and  they  are  required  to  be  recorded,  to- 
gether with  the  specifications  and  drawings,  in  the  pa- 
tent office.  Every  patent  contains  a  general  descrip- 
tion of  the  invention  or  discovery,  and  it  grants  to  the 
applicant,  his  legal  representatives  and  assigns,  the  ex- 
clusive right  to  make,  use  and  sell  the  invention  or  dis- 
covery, for  a  term  not  exceeding  fourteen  years.  Pa- 
tents may  be  extended  for  a  further  term  of  seven 
years,  when,  upon  a  hearing  before  the  secretary  of 
state,  the  commissioner  of  patents,  and  the  solicitor  of 
the  treasury,  it  shall  appear  to  that  board  that  the  pa- 
tentee, without  fault  on  his  part,  has  failed  to  obtain 
from  his  invention  a  reasonable  remuneration  for  the 
time,  ingenuity  and  expense  bestowed  upon  it,  and 
they  shall  deem  such  extension  just  and  proper. 

7.  It  is  the  duty  of  the  commissioner  to  cause  to  be 
classified  and  arranged,  in  rooms  and  galleries  provided 
for  that  purpose,  in  such  manner  as  shall  be  conducive 
to  a  beneficial  and  favorable  display  of  them,  the  mod- 
els, and  specimens  of  compositions,  and  of  fabrics,  and 
other  manufactures  and  works  of  art,  patented  and  un- 
patented, which  are  deposited  in  the  patent  office. 
These  rooms  are  to  be  kept  open  during  suitable  hours, 
for  public  inspection.  In  December,  1836,  the  patent 
office  was  burnt  with  all  its  contents,  including  the 
models,  specifications,  and  drawings,  and  the  records 


COPYRIGHTS.  147 

and  other  documents.  Congress,  in  1837,  passed  an 
act  requiring  the  commissioner  of  patents  to  procure 
dupHcates  to  replace  such  of  the  models  thus  destroyed 
as  were  most  valuable  and  interesting,  provided  they 
could  be  obtained  at  a  reasonable  expense,  the  whole 
amount  of  expenditure  for  that  purpose  not  to  exceed 
one  hundred  thousand  dollars. 

8.  The  act  of  1842  provides,  that  if  any  person  shall 
stamp  upon  anything  made  or  sold  by  him,  for  the  sole 
making  and  selling  of  which  he  has  not  obtained  a  pa- 
tent, the  name  of  any  other  person  w^ho  has  obtained 
such  patent,  without  the  consent  of  the  patentee  ;  or  if 
any  person,  upon  any  such  thing,  without  the  license 
of  the  patentee,  shall  stamp  the  word  "patent",  or 
words  of  the  like  import,  with  the  intent  of  counterfeit- 
ing the  mark  of  the  patentee,  or  shall  affix  any  such 
word  on  an  unpatented  article,  for  the  purpose  of  de- 
ceiving the  public,  he  shall  be -liable  to  a  penalty  of  not 
less  than  one  hundred  dollars.  All  patentees  and  as- 
signees of  patents  granted  after  the  passage  of  the  act 
in  question,  are  required  to  have  the  date  of  the  patent 
stamped  or  engraved  on  each  article  sold,  or  offered  for 
sale ;  and  the  neglect  to  do  so  subjects  the  party  to  the 
penalty  above  specified. 

9.  As  embraced  under  the  same  design,  to  promote 
the  progress  of  science  and  useful  arts,  the  subject  of 
copyrights  may  be  treated  of  in  this  connection.  Any 
person  being  a  citizen  or  resident  in  the  United  States, 
who  shall  be  the  author  of  any  book,  map,  chart,  or 
musical  composition,  or  shall  invent,  design,  etch,  or 
engrave  any  print  or  engraving,  and  the  executors,  ad- 
ministrators, or  legal  assigns  of  such  person,  have  the 
sole  right  of  printing,  publishing,  and  selling  the  work, 
for  the  term  of  twenty-eight  years  from  the  time  of 
recording  the  title  of  it.  And  there  is  such  provision 
made,  that  at  the  expiration  of  this  time  the  exclusive 
right  may  commonly  be  continued  for  the  further  term 
of  fourteen  years,  upon  recording  the  title  of  the  work 
anew,  and  complying  with  all  other  regulations  required 


148  -  COPYRIGHTS. 

in  regard  to  original  copyrights,   and   that   within  six 
months  before  the  expiration  of  the  first  term. 

10.  In  order  to  entitle  any  person  to  the  benefit  of 
copyright,  he  must,  before  publication,  deposit  a  print- 
ed copy  of  the  title  of  the  book,  map,  or  other  article, 
in  the  clerk's  office  of  the  district  court  for  the  district 
in  which  the  author  or  proprietor  resides,  to  be  there 
recorded.  He  must  also  give  information  of  copy- 
right being  secured,  by  inserting  in  each  copy  of  every 
edition  published  during  the  term  secured,  on  the  title 
page,  or  the  page  immediately  following,  if  it  be  a  book, 
or  if  a  map,  or  the  like,  on  the  face  of  it,  a  notice  of  the 
entry.  The  author  or  proprietor  is  required  also,  with- 
in three  months  after  the  publication  of  the  work,  to 
cause  a  copy  of  it  to  be  delivered  to  the  clerk  of  the 
district  in  which  he  resides.  The  copies  so  deposited, 
the  clerk  transmits  to  the  secretary  of  state  of  the 
United  States,  to  be  preserved  in  his  office. 

11.  After  the  title  of  any  work  has  been  duly  record- 
ed, no  person  may  print,  publish,  or  import  any  copy  of 
it,  without  the  consent  of  the  person  legally  entitled  to 
the  copyright,  first  obtained  in  writing,  signed  in  the 
presence  of  two  or  more  credible  witnesses;  and  a 
violation  of  this  provision  subjects  the  offender  to  a 
forfeiture  of  all  the  copies  or  sheets,  and  also  to  a  fur- 
ther penalty.  There  is  no  prohibition  against  import- 
ing or  publishing  any  work,  the  author  of  which  is  not 
a  citizen  of  the  United  States,  nor  resident  within  their 
jurisdiction.  It  is  allowable  to  make  what,  under  the 
circumstances,  would  be  considered  fair  quotation  from 
a  book,  but  one  may  not,  under  the  pretence  of  quo- 
tation, publish  the  whole,  or  any  material  part  of  the 
work.  A  real  and  fair  abridgment  of  a  book  is  not  a 
violation  of  copyright;  such  an  abridgment  being  re- 
garded as  an  original  work. 

12.  Any  person  who  shall  print  or  publish  any 
manuscript,  without  the  consent  of  the  author  or  legal 
proprietor,  first  obtained  in  writing  and  duly  witnessed, 
if  the  author  or  proprietor  be  a  resident  of  the  United 


NEW    STATES    AND    TERRITORIES.  149 

States,  is  liable  to  pay  to  him  all  damages  occasioned 
thereby ;  and  the  courts  of  the  United  States  are 
autliorized  to  grant  injunctions  to  restrain  such  pubU- 
cation  of  any  manuscript,  in  the  same  manner  as  they 
may  to  prevent  the  violation  of  the  rights  of  authors 
and  inventors.  Private  letters  of  the  character  of  liter- 
ary composition,  have  been  held  to  be  protected  as 
literary  property,  and  the  receiver  of  such  letters  has 
no  right  to  publish  them.  So  Avhere  the  publication  of 
letters  would  be  a  breach  of  confidence,  or  be  injurious 
to  others,  it  has  been  restrained  by  the  courts. 


CHAPTER  XXXIX. 

NEW    STATES    AND    TERRITORIES. 

1.  The  constitution  of  the  United  States  provides, 
that  new  states  may  be  admitted  by  congress  into  the 
Union;  but  no  new  state  can  be  formed  witliin  the 
jurisdiction  of  any  other  state,  nor  by  the  junction 
of  two  or  more  states,  or  parts  of  states,  without  the 
consent  of  the  legislatures  of  the  states  concerned, 
as  well  as  of  congress.  Under  the  authority  thus 
granted,  thirteen  new  states  have  been  added  to  the 
thirteen  which  at  first  composed  the  Union.  Of  these 
states,  Vermont  was  originally  claimed  by  New  York, 
but  it  withdrew  and  established  a  separate  government 
before  the  close  of  the  revolutionary  war ;  Kentucky 
was  taken  from  Virginia ;  Tennessee  from  North  Caro- 
lina ;  and  Maine  from  Massachusetts.  The  rest  of  the 
new  states  were  formed  out  of  the  public  domain. 
Previous  to  their  admission,  these  states,  under  the 
authority  of  congress,  had  framed  for  themselves  state 
constitutions. 

2.  Some  of  the  new  states  were  admitted  upon  cer- 
tain fundamental  conditions  prescribed  by  the  United 
States.     Louisiana  was  required  to  provide  bv  its  con- 

13^ 


150  NEW    STATES. 

stitution,  that  the  laws  passed  by  the  state  should  be 
promulgated,  its  records  preserved,  and  its  judicial  and 
legislative  proceedings  conducted,  in  the  English  lan- 
guage. It  was  also  made  one  of  the  conditions,  on  the 
admission  of  that  state  and  of  Mississippi,  that  the 
river  Mississippi,  and  the  navigable  rivers  and  waters 
leading  into  it,  or  into  the  gulf  of  Mexico,  should  for- 
ever remain  common  highways,  free  to  the  inhabitants 
of  those  states,  and  of  the  United  States.  The  admis- 
sion of  Missouri  was  coupled  with  a  condition  limiting 
a  certain  clause  of  the  constitution  of  that  state ;  and 
Michigan  was  admitted  upon  the  condition  of  its  ac- 
cepting the  boundaries  established  for  the  state  by 
congress. 

3.  To  the  several  states  of  Ohio,  Indiana,  Illinois, 
Alabama,  Missouri,  Arkansas,  and  Michigan,  on  their 
admission,  certain  propositions  were  offered  by  con- 
gress, for  their  free  acceptance  or  rejection,  which  hav- 
ing been  accepted  are  binding  upon  the  United  States. 
One  of  these  propositions  was,  that  section  numbered 
sixteen,  in  every  township,  and  where  that  section  had 
been  sold,  or  otherwise  disposecl  of,. other  lands  equiv- 
alent, and  most  contip,uous  to  it,  should  be  granted  to 
the  state,  or  the  inhabitants  of  the  township,  for  the 
use  of  schools.  It  was  also  proposed  that  a  specified 
quantity  of  land,  usually  seventy-two  sections,  or  two 
townships,  in  each  state,  should  be  reserved  for  the 
use  of  a  seminary  of  learning,  and  vested  in  the  legis- 
lature of  the  state,  to  be  appropriated  by  it  solely  to  that 
use.  To  some  of  those  states  land  was  granted  for  the 
purpose  of  fixing  their  seat  of  government,  and  erect- 
ing public  buildings. 

4.  Another  proposition  was,  that  all  salt  springs, 
within  each  of  these  states,  with  the  land  reserved,  or 
which  might  be  designated  in  the  mode  prescribed,  for 
the  use  of  them,  not  exceeding,  in  the  whole,  thirty-six 
entire  sections,  should  be  granted  to  the  state  for  its 
use,  or  that  of  the  people,  to  be  used  under  such  terms 
and  regulations  as  the  legislature  of  the  state  should 
direct ;  provided  that  they  should  not  be  sold  nor  leased 


NEW    STATES.  151 

for  a  longer  period  than  ten  years,  at  any  one  time.  In 
Missouri,  Arkansas,  and  Michigan,  the  number  of  springs 
reserved  was  limited  to  twelve ;  and  six  adjoining  or 
contiguous  sections  of  land  were  allowed  for  each.  In 
Ohio  the  reservation  was  of  the  Scioto  salt  springs,  and 
the  township  including  them,  and  the  salt  springs  near 
the  Muskingum  river  and  in  the  military  tract,  with  the 
sections  of  land  which  include  them. 

5.  It  was  further  proposed  to  these  seven  states,  that 
five  per  cent,  of  the  net  proceeds  of  the  lands  lying 
within  them,  respectively,  and  which  should  be  sold  by 
congress,  should  be  reserved  for  certain  public  purposes. 
A  similar  reservation  was  made  in  regard  to  Louisiana 
and  Mississippi.  Of  this  money,  in  Illinois  three  fifths 
are  to  be  appropriated  for  the  encouragement  of  learning, 
m  Indiana,  Mississippi,  Alabama,  and  Missouri,  tlii-ee 
fifths,  and  in  Louisiana,  Ai'kansas,  and  Michigan,  the 
whole,  for  making  public  roads,  canals,  and  the  like,  in 
those  states,  under  the  direction  of  the  several  state  leg- 
islatures. In  Indiana,  Ilhnois,  Mississippi,  Alabama,  and 
Missouri,  two  fifths  are  to  be  applied  to  the  making  of 
roads  leading  to  those  states,  and  in  Ohio  the  whole  to 
laying  out  and  making  roads  leading  from  the  navigable 
waters  emptying  into  the  Atlantic,  to  the  Ohio,  and  to 
and  through  the  state,  under  the  direction  of  congress. 

6.  The  propositions  above  recited  were  offered  upon 
certain  conditions,  for  the  fulfilment  of  which  the  con- 
ventions of  all  the  states  above  named  were  to  provide 
by  an  ordinance,  irrevocable  without  the  consent  of  the 
United  States.  These  conditions,  some  or  all  of  which 
were  prescribed  for  each  of  those  states,  were,  that  the 
waste  and  unappropriated  lands  within  such  state  should 
be  at  the  sole  disposal  of  the  United  States ;  that  no  tax 
should  be  imposed  on  lands  the  property  of  the  United 
States  ;  that  all  land  sold  by  congress  should  be  exempt 
from  any  tax  laid  by  or  under  the  authority  of  the  state, 
for  five  years  after  its  sale,  and  bounty  lands  granted  for 
services  during  the  late  war,  for  three  years  from  the 
date  of  the  patents,  provided  they  continued  to  be  held 
by  the  patentees,  or  their  heirs  ;    and  that  the  lands  of 


152  ,  TERRITORIES. 

non-resident  proprietors  should  in  no  case  be  taxed  high- 
er than  those  of  residents. 

7.  The  constitution  hkewise  vests  in  congress  pow- 
er to  dispose  of,  and  make  all  needful  rules  and  regula- 
tions respecting  the  territory  or  other  property  belonging 
to  the  United  States.  The  region  lying  northwest  of 
the  river  Ohio,  extending  to  the  Mississippi  river,  which 
was  then  the  western  boundary  of  the  territory  of  the 
United  States,  and  including  the  present  states  of  Ohio, 
Indiana,  Illinois,  and  Michigan,  and  the  territory  of 
Wisconsin,  was  fii'st  erected  into  a  tenitorial  govern- 
ment under  the  ordinance  of  1787.  This  ordinance, 
which  was  drawn  up  by  Nathan  Dane,  then  a  member 
of  congress  from  Massachusetts,  was  established  by 
congress,  and  consisted  of  certain  articles  of  compact 
between  the  original  states  and  the  people  and  states 
within  that  territory,  which  were  forever  to  remain  un- 
alterable, unless  by  common  consent. 

8.  The  ordinance  of  1787  contained  many  salutary 
provisions  for  the  security  of  civil,  religious  and  politi- 
cal liberty,  and  good  goveinment.  Among  other  things 
it  provided,  that  there  should  be  neither  slavery  nor  in- 
voluntary servitude  in  the  territory,  otherwise  than  in 
the  punishment  of  crimes,  upon  due  conviction  of  the 
party.  It  declared  that  there  should  be  formed  within 
the  territory  in  question  not  less  than  three  nor  more 
than  five  states ;  and  that  whenever  any  one  of  those 
states  should  contain  sixty  thousand  free  inhabitants, 
it  should  be  admitted  into  the  Union,  on  an  equal  foot- 
ing with  the  original  states,  and  be  at  liberty  to  form  a 
permanent  constitution  and  state  government,  which 
however  must  be  republican,  and  in  conformity  to  the 
principles  contained  in  the  ordinance. 

9.  All  the  territory  of  the  United  States  west  of  the  river 
Mississippi,  extending  to  the  Pacific  Ocean,  and  includ- 
ing the  present  states  of  Missouri,  Arkansas,  and  a  part 
of  Louisiana,  and  the  territory  of  Iowa,  was  originally 
called  the  territory  of  Louisiana.  This  whole  territory 
was  purchased  of  France,  for  about  fifteen  millions  of 
dollars,  and  was  cpded  to  the  United  States  by  treaty 


TERRITORIES.  153 

of  1803.  In  the  act  of  congress  authorizing  the  people 
of  Missouri  to  form  a  constitution  and  state  govern- 
ment, it  was  provided,  in  consideration  of  slavery  being 
allowed  to  exist  in  that  state,  that  in  all  the  territoiy 
ceded  by  France,  which  hes  north  of  thirty-six  degrees 
and  thirty  minutes  north  latitude,  not  included  within 
the  limits  of  the  state  of  Missouri,  slavery  and  involun- 
tary servitude,  except  in  the  punishment  of  crimes, 
should  be,  and  they  were  thereby,  forever  prohibited. 

10.  The  territory  of  Florida  was  ceded  to  the  United 
States  by  Spain,  by  treaty  made  in  1819,  but  not  ratified 
by  the  United  States  till  1821,  when  it  went  into  effect. 
In  this  territory  and  in  Wisconsin  and  Iowa,  there  are 
territorial  governments  established  by  congress.  In  all 
that  portion  of  the  original  territory  of  Louisiana  not 
included  in  the  states  that  have  been  established  west 
of  the  Mississippi  river,  or  in  the  territory  of  Iowa,  no  or- 
ganized government  exists.  A  part  of  this  territory,  west 
of  Missouri  and  Arkansas,  is  appropriated  to  the  Indian 
tribes  that  have  been  removed  from  the  states  to  that 
region.  The  remainder  of  the  territory  is  little  inhabit- 
ed, but  is  in  the  possession,  so  far  as  it  is  occupied  at 
all,  of  various  independent  tribes  of  Indians. 

11.  In  the  several  territorial  governments,  the  execu- 
tive power  is  vested  in  a  governor,  who  is  appointed  by 
the  president,  with  the  advice  of  the  senate,  for  the  term 
of  three  years,  unless  sooner  removed  by  the  president. 
There  is  a  secretary,  appointed  in  like  manner  for  four 
years,  who,  in  case  of  the  necessary  absence  of  the  gov- 
ernor from  the  territory,  or  of  a  vacancy  in  that  office, 
performs  the  duties  of  governor,  for  the  time  being.  The 
legislative  assembly  in  each  territory  consists  of  a  coun- 
cil or  senate,  and  a  house  of  representatives,  all  chosen 
by  the  qualified  voters  of  the  respective  territories.  The 
governor  has  a  qualified  negative  upon  laws  passed  by 
the  assembly,  and  they  are  furthermore  subject  to  the 
revision  and  disapproval  of  congress.  The  District  of 
Columbia  is  under  the  immediate  superintendence  and 
government  of  congress. 


154 


GENERAL    LAND    OFFICE- 


CHAPTER     XL. 

THE    GENERAL    AND    SUBORDINATE    LAND    OFFICES. 

1.  The  executive  duties  appertaining  to  the  survey- 
ing and  sale  of  the  pubUc  lands  of  the  United  States, 
and  also  such  as  relate  to  private  claims  of  land,  and 
the  issuing  of  patents  for  all  grants  of  land  under  the 
authority  of  the  national  government,  are  subject  to 
the  supervision  and  control  of  the  commissioner  of  the 
general  land  office,  under  the  direction  of  the  president. 
The  commissioner  has  the  charge  of  the  records,  books 
and  papers  relating  to  the  public  lands,  and  it  is  his 
duty  to  furnish,  and  certify  under  the  seal  of  the  gen- 
eral land  office,  copies  of  any  documents  in  his  office, 
when  applied  for,  to  be  used  in  evidence  in  courts  of 
justice.  He  is  also  bound,  when  required  by  the  pres- 
ident, or  either  house  of  congress,  to  give  such  infor- 
mation as  may  be  directed,  relative  to  the  public  lands, 
and  concerning  the  business  of  his  office. 

2.  There  is  a  principal  clerk  of  the  public  lands,  and 
one  of  private  land  claims,  who  perform  such  duties  as 
are  assigned  to  them  by  the  commissioner ;  and  in  case 
of  vacancy  in  the  office  of  commissioner,  or  of  the 
absence  of  that  officer,  the  principal  clerk  of  the  pub- 
lic lands  discharges  the  duties  of  that  station,  for  the 
time  being.  There  is  also  a  principal  clerk  of  the  sur- 
veys, whose  duty  it  is  to  direct  and  superintend  the 
making  of  surveys,  and  all  matters  relating  to  them, 
and  to  perform  such  other  duties  as  are  assigned  to 
him  by  the  commissioner.  The  president  of  the  United 
States  is  allowed  a  secretary,  who,  under  the  direction 
of  the  president,  signs  for  him,  and  in  his  name,  all 
patents  for  lands  sold  or  granted  under  the  authority  of 
the  United  States. 

3.  The  recorder  of  the  general  land  office  is  required 
to  certify,  and  affix  the  seal  of  that  office  to  all  patents 


LAND     OFFICES.  155 

for  public  lands,  in  pursuance  of  instructions  from  the 
commissioner,  and  to  countersign  such  patents,  and 
attend  to  the  coiTect  engrossing,  recording  and  trans- 
mission of  them.  There  is  a  solicitor  of  the  general 
land  office,  whose  business  it  is  to  examine,  and  report 
to  the  commissioner,  the  state  of  facts  in  all  cases 
referred  to  him  by  the  commissioner,  which  involve 
questions  of  law,  or  where  the  facts  are  in  controversy 
between  the  agents  of  the  government  and  individuals, 
or  there  are  conflicting  claims  of  parties  before  the 
department,  with  his  opinion  on  such  cases.  When  re- 
quired, he  is  to  advise  the  commissioner  on  all  ques- 
tions relative  to  the  public  lands,  and  to  render  other 
professional  services,  connected  with  the  business  and 
duties  of  the  department. 

4.  All  patents  issuing  from  the  general  land  office, 
are  required  to  be  in  the  name  of  the  United  States, 
signed  for  the  president  by  his  secretary,  countersigned 
by  the  recorder  of  the  general  land  office,  and  recorded 
in  that  office  in  books  kept  for  the  purpose.  Warrants 
issued  by  the  secretary  of  war,  for  lands  granted  by  the 
United  States  for  militaiy  services,  are  recorded  in  the 
land  office,  and  patents  are  afterwards  issued.  The 
commissioner  of  the  general  land  office,  the  solicitor, 
each  of  the  tlnee  principal  clerks,  the  recorder,  and  the 
secretary  to  sign  patents,  are  all  appointed  by  the  pres- 
ident, with  the  consent  of  the  senate.  There  are  nearly 
one  hundred  clerks  and  other  persons,  employed  in  the 
general  land  office,  who  are  appointed  by  the  commis- 
sioner of  that  office. 

5.  There  are,  at  present,  established  in  the  several" 
states  and  territories  in  which  the  public  lands  of  the 
United  States  are  situated,  about  seventy  subordinate 
land  offices,  each  of  which  is  under  the  direction  of  an 
officer  called  the  register  of  the  land  office,  who  is 
required  to  reside  at  the  place  where  such  land  office 
is  kept.  There  is  also  a  receiver  of  p^iMic  moneys,  at 
each  of  the  places  where  public  or  private  sales  of 
lands  of  the  United  States  are  made,  who  receives  pay- 
ment for  lands  sold,  and  gives  receipts  for  the  money. 


156  LAND    OFFICES. 

Whenever  the  quantity  of  land,  remaining  unsold  in 
any  land  district,  is  reduced  to  less  than  one  hundred 
thousand  acres,  it  is  the  duty  of  the  secretary  of  the 
treasury  to  discontinue  the  land  office  in  such  district, 
unless  it  be  at  the  seat  of  government  of  any  state, 

6.  The  several  registers  are  required  to  receive  and 
enter  in  books  kept  exclusively  for  that  purpose,  the 
applications  of  any  person  for  the  purchase  of  any  sec- 
tion or  legal  subdivision  of  a  section  of  land,  who  shall 
produce  a  receipt  from  the  treasurer  of  tiie  United 
States,  or  the  receiver  of  public  moneys,  for  the  amount 
of  the  purchase  money,  and  also  a  written  memoran- 
dum, describing  the  tract  to  be  entered ;  and  the  regis- 
ter is  to  file  the  receipt  and  memorandum,  and  give  the 
party  a  copy  of  his  entry.  A  patent  for  the  land  after- 
wards issues  from  the  general  land  office.  The  reg- 
isters are  bound  to  inform  any  person  applying  for  a 
particular  tract  of  land,  whether  it  has  been  already 
entered,  and  any  register  who  knowingly  and  falsely 
informs  the  applicant  that  such  land  has  been  entered, 
and  refuses  to  admit  him  to  enter  it,  is  liable  to  pay  him 
five  dollars  for  each  acre  which  he  offered  to  enter. 

7.  The  registers  and  receivers  are  appointed  by  the 
president,  with  the  advice  of  the  senate,  and  give  bonds 
in  the  sum  of  ten  thousand  dollars  each.  They  have 
an  annual  salary  of  five  hundred  dollars,  and  a  com- 
mission of  one  per  cent,  on  all  moneys  entered  and 
received  by  them  respectively  ;  but  the  whole  amount 
which  any  register  or  receiver  may  retain,  is  not  to  ex- 
ceed three  thousand  dollars  in  any  one  year.  Receivers 
are  required  to  make  monthly  returns  of  the  moneys 
received  in  their  several  offices,  to  the  secretary  of  the 
treasury,  and  to  pay  over  the  money  pursuant  to  his 
instructions.  They  also  make  like  monthly  returns, 
and  transmit  quarterly  accounts  current  between  their 
offices  and  the  United  States,  to  the  commissioner  of 
the  general  land  office,  who  audits  and  settles  the 
accounts  relative  to  the  pubhc  lands,  certifies  the  bal- 
ances, and  transmits  the  accounts,  with  their  vouchers, 
to  the  first  comptroller,  for  his  decision  upon  them. 


PUBLIC    LANDS.  157 

CHAPTER  XLI. 

THE     PUBLIC     LANDS. 

1.  The  public  domain  of  the  United  States  em- 
braces the  territory  acquired  under  the  treaty  of  peace 
with  Great  Britain;  the  territories  of  Louisiana  and 
Florida,  ceded  by  France  and  Spain;  and  the  lands 
ceded  by  individual  states.  The  cessions  made  by  the 
several  states  were  generally  expressed  to  be  for  the 
common  benefit  of  all  the  states.  Most  of  the  territory 
lying  northwest  of  the  river  Ohio  belonged  to  Vir- 
ginia, and  the  cession  made  by  that  state,  in  1766,  was 
declared  to  be  for  a  common  fund  for  the  use  and  ben- 
efit of  such  of  the  United  States  as  were  or  should 
become  members  of  the  federal  alliance,  according  to 
their  usual  respective  proportions  in  the  general  charge 
and  expenditure,  and  for  no  other  use  or  purpose  what- 
soever. . 

2.  A  surveyor  general  of  the  lands  northwest  of  the 
Ohio  river  was  appointed  in  1796.  Other  surveyors  gen- 
eral, to  the  number  of  eight  in  all,  have  been  appointed, 
from  time  to  time,  for  different  portions  of  the  public 
territory.  They  are  authorized  to  engage  a  sufficient 
number  of  skilful  surveyors  as  their  deputies ;  and  it  is 
their  duty,  pursuant  to  directions  of  the  president,  to 
cause  the  public  lands,  within  their  respective  limits,  to 
which  the  Indian  title  has  been  extinguished,  to  be 
surveyed  and  divided  in  the  manner  prescribed  by  law. 
Surveyors  general  are  appointed  by  the  president,  with 
the  approval  of  the  senate,  for  four  years,  unless  sooner 
removed.  They  are  required  to  give  bonds  in  the  sum 
of  thirty  thousand  dollars,  conditioned  for  the  faithful 
performance  of  their  duties. 

3.  The  public  lands,  when  surveyed,  are  divided,  as 
far  as  practicable,  by  north  and  south  lines,  run  accor- 
ding to  the  true  meridian,  and  by  others  crossing  them 

14 


158  PUBLIC    LANDS. 

at  right  angles,  so  as  to  form  townships  of  six  miles 
square.  The  townships  are  numbered  consecutively, 
and  are  divided,  by  parallel  lines  run  through  them 
each  way,  into  sections  containing  six  hundred  and 
forty  acres,  or  a  mile  square,  which  sections  are  num- 
bered, beginning  at  the  northeast  section,  and  proceed- 
ing Avest  and  east,  alternately,  through  the  township, 
with  progressive  numbers,  from  one  to  thirty-six  inclu- 
sive. The  public  Jands  were  at  first  divided  into  no 
smaller  portions  than  sections,  but  by  sundry  acts  of 
congress  their  subdivision  has  been  authorized,  in  1800 
into  half  sections,  in  1805  into  quarter  sections,  in  1820 
into  half  quarter  sections,  and  in  1832  into  quarter 
quarter  sections. 

4.  All  public  lands -of  the  United  States,  when  ex- 
posed to  public  sale,  are  required  to  be  offered  in  half 
quarter  sections,  and  when  offered  at  private  sale,  they 
may  be  purchased,  at  the  option  of  the  purchaser,  in 
entire  sections,  or  in  half,  quarter,  half  quarter,  or  quar- 
ter quarter  sections.  Since  1820,  no  credit  is  allowed 
for  the  purchase  money,  on  the  sale  of  public  lands,  but 
every  purchaser,  if  at  public  sale,  must  make  payment 
on  the  day  of  the  purchase ;  if  at  private  sale,  before 
entering  the  land  at  the  land  office.  The  price  at  which 
public  lands  are  offered  for  sale  is  one  dollar  and 
twenty-five  cents  an  acre,  and  no  public  land  can  be 
sold,  either  at  public  or  private  sale,  for  a  less  price  ; 
and  at  public  sales,  the  highest  bidder  -who  shall  make 
payment  duly,  is  the  purchaser.  Prior  to  the  introduc- 
tion of  the  cash  system,  in  1820,  the  price  was  two 
dollars  an  acre. 

5.  The  money  derived  from  the  sales  of  lands  be- 
longing to  the  United  States,  has  heretofore  been  paid 
into  the  public  treasury,  and  applied  towards  defraying 
the  ordinary  expenses  of  the  government.  By  an  act 
passed  at  the  extra  session  of  congress,  in  1841,  the 
proceeds  of  the  sales  of  such  lands,  after  deducting  all 
expenses  incurred  in  the  care  and  management  of  the 
public  lands,  and  after  certain  reservations  in  favor  of 
the  states  in  which  the  lands  are  situated,  were  to  be 


PUBLIC    LANDS.  159 

distributed,  payable  half,  yearly,  among  the  several 
states  of  the  Union,  and  the  territories,  and  District  of 
Cohimbia,  according  to  their  respective  federal  popu- 
lation, as  ascertained  by  the  last  census,  to  be  apphed 
by  the  state  legislatures  to  such  purposes  as  they  should 
deem  proper.  The  distribution  was  to  cease  in  case  of 
war ;  and  also  whenever  the  rate  of  duties  on  any  arti- 
cles imported  should  be  raised  above  twenty  per  cent, 
on  the  value  of  them.  The  latter  event  having  oc- 
curred, the  act  in  question  is  rendered  inoperative. 

6.  A  law  was  passed  in  1807,  prohibiting  all  per- 
sons from  taking  possession  of,  or  making  settlements, 
without  authority,  upon  lands  ceded  to  the  United 
States,  and  the  president  was  empowered  to  direct  the 
proper  marshal  to  remove  such  intruders,  and  they 
were  moreover,  in  certain  cases,  liable  to  be  punished 
by  fine  and  imprisonment.  It  has,  however,  been  the 
practice,  to  a  great  extent,  for  persons  to  settle  upon  the" 
public  lands,  without  right  or  title,  and  to  cultivate  and 
improve  them.  Such  settlers  are  known  by  the  name 
of  squatters.  In  order  to  hold  out  encouragement  for 
the  settlement  of  the  vacant  lands,  congress  has  from 
time  to  time  passed  various  laws,  called  pre-emption 
laws,  securing  to  actual  settlers  certain  privileges,  and 
especially  the  preference  in  becoming  the  purchasers, 
at  the  government  price,  of  the  lands  on  which  they 
shall  have  settled. 

7.  By  the  act  of  1841,  it  is  provided  that  every  per- 
son, being  the  head  of  a  family,  or  a  widow,  or  single 
man  over  the  age  of  twenty-one  years,  and  being  a 
citizen  of  the  United  States,  or  having  duly  filed  a 
declaration  of  intention  to  become  such,  who,  since  the 
first  day  of  June,  1840,  may  have  made  a  settlement  in 
person,  upon  public  lands  to  which  the  Indian  title  has 
been  extinguished,  and  which  have  been  surveyed,  and 
who  shall  inhabit  and  improve  the  land  and  erect  a 
dwelling  upon  it,  may,  with  certain  limitations  and  ex- 
ceptions, and  upon  complying  with  the  required  con- 
ditions, enter  with  the  register  of  the  land  office  for  the 
district  in  which  the  land  lies,  by  legal  subdivisions,  any 


160  FOREIGN    MINISTERS    AND    CONSULS. 

number  of  acres  not  exceeding  one  hundred  and  sixty, 
to  include  the  person's  place  of  residence,  by  paying  to 
the  United  States  the  government  price  of  the  land. 


CHAPTER  XLII 

FOREIGN    MINISTERS    AND    CONSULS. 

1.  Ambassadors,  or  ministers,  are  diplomatic  repre- 
sentatives of  their  sovereigns  or  states,  resident  at 
foreign  courts,  for  purposes  of  negotiation  and  friendly 
intercourse  between  their  own  countiy  and  that  to 
which  they  are  deputed.  It  is  through  the  correspon- 
dence of  its  foreign  ministers  that  a  government  is  kept 
advised  of  the  policy  and  movements  of  the  govern- 
ments at  which  they  are  stationed,  and  of  others  which 
are  there  represented.  Ministers  act  under  instructions 
from  their  own  government,  and  their  authority  extends 
to  conducting  the  ordinary  diplomatic  intercourse,  and 
such  special  negotiations  as  may  be  intrusted  to  them. 
According  to  the  prevailing  usage,  a  minister  is  not 
invested  with  power  to  bind  his  sovereign  or  state  con- 
clusively, by  treaty;  but  the  government  reserves  to 
itself  the  right  to  ratify  or  dissent  from  the  treaty  en- 
tered into  by  its  minister. 

2.  The  persons  of  foreign  ministers  are  inviolable; 
they  are  exempt  from  all  allegiance  to  the  state  to 
which  they  are  delegated,  and  are  not  amenable  to  its 
jurisdiction,  civil  or  criminal.  By  fiction  of  law,  they 
are  considered  as  out  of  the  territory  of  the  foreign 
power,  and  within  that  of  their  own  country,  the  gov- 
ernment of  which  has  exclusive  cognizance  of  their 
conduct.  The  attendants  of  a  minister  attached  to  his 
person,  and  the  house  in  which  he  resides,  are  equally 
privileged.  But  in  case  of  any  gross  insult,  or  open  at- 
tack upon  the  laws  or  government  of  the  nation  to 
which  the  minister  is  sent,  that  nation  may  refuse  to 


FOREIGN    MINISTERS    AND    CONSULS.  161 

treat  with  him,  or  may  apply-  to  his  own  sovereign  for 
his  recall,  or  he  may  be  dismissed  and  required  to  de- 
part within  a  reasonable  time. 

3.  There  are  several  classes  of  diplomatic  agents. 
Ambassadors  are  of  the  highest  grade ;  envoys  extraor- 
dinary and  ministers  j^tlenipotentiary ,  of  the  second ;  and 
charges  d'  affaires,  of  the  third.  Ministers  resident  hold 
a  rank  and  dignity  intermediate  between  the  last  two 
classes,  being  placed  sometimes  with  the  one,  some- 
times with  the  other.  The  United  States  have  never 
deputed  any  person  with  the  rank  of  ambassador,  but 
they  are  usually  represented  at  the  courts  of  foreign 
powers  of  the  first  class,  by  ministers  plenipotentiary ; 
and  at  those  of  inferior  grade  by  charges  d'  affaires,  or 
sometimes  by  ministers  resident  A  minister  plenipo- 
tentiary is  regularly  accompanied  by  a  secretary  of  lega- 
tion, who,  in  the  absence  of  the  minister,  or  while  that 
office  is  vacant,  performs  some  part  of  the  duties  of 
minister. 

4.  The  president  is  authorized  to  allow  not  exceed- 
ing the  rates,  respectively,  of  nine  thousand  dollars  a 
year  to  a  minister  plenipotentiary,  six  thousand  to  a 
minister  resident,  four  thousand  five  hundred  to  a 
charge  d'  affaires,  and  two  thousand  to  a  secretary  of 
legation,  as  a  compensation  for  all  their  personal  services 
and  expenses.  And  he  may  allow  to  a  minister  pleni- 
potentiary or  resident,  or  a  charge  d'  affaires,  on  going 
from  the  United  States  to  any  foreign  country,  an  outfit 
not  greater  than  one  year's  full  salary.  It  has  been  the 
practice  to  allow  as  salaries  the  full  sums  above  named, 
and  an  outfit,  where  authorized,  equal  to  one  year's 
salary.  All  these  diplomatic  functionaries  are  required 
to  be  appointed  by  the  president,  with  the  advice  of  the 
senate ;  but  in  the  recess  of  the  senate  the  president 
may  make  appointments,  which  shall  be  submitted  to 
the  senate,  for  confirmation,  at  their  next  succeeding 
session. 

5.  Consuls  are  commercial  agents,  appointed  to  re- 
side in  foreign  seaports,  to  watch  over  the  commercial 
rights  and  interests  of  the  nation  by  which  they  are 

14* 


162  CONSULS. 

constituted.  They  are  not  public  ministers  in  such  a 
sense  as  to  be  entitled  to  the  privileges  and  immuni- 
ties belonging  to  that  character,  nor  do  they  enjoy  any 
peculiar  protection  of  the  law  of  nations,  but  are  sub- 
ject to  the  jurisdiction  of  the  country  in  which  they  re- 
side. Consuls  of  the  United  States  are  sometimes  sent 
out  from  this  country,  and  sometimes  persons  are  ap- 
pointed to  that  office  who  are  citizens  or  subjects  of  the 
foreign  comitry  at  the  ports  of  which  they  are  sta- 
tioned. They  are  frequently  merchants  who  are  en- 
gaged in  active  commercial  pursuits.  They  are  ap- 
pointed by  the  president,  with  the  approbation  of  the 
senate,  and  are  usually  paid  by  fees  for  their  official 
services.  But  the  consuls  at  the  Barbary  States,  Mus- 
cat, China,  the  Independent  Pacific  Islands,  and  Hayti, 
have  an  annual  salary  of  two  thousand  dollars  each, 
and  the  consul  at  Algiers  four  thousand,  instead  of  fees; 
and  those  at  London  and  Paris  each  receive  two  thou- 
sand dollars  a  year  or  upwards,  in  addition  to  their  fees. 
6.  By  the  laws  of  the  United  Slates,  consuls  are 
authorized  to  receive  the  protests  of  shipmasters  and 
other  persons,  relative  to  the  commerce  of  the  United 
States,  or  to  the  personal  interest  of  any  of  their  cit- 
izens. It  is  their  duty,  where  the  laws  of  the  country 
permit,  to  administer  on  the  personal  estate  of  citizens 
of  the  United  States,  dying  within  their  respective  con- 
sulates and  leaving  there  no  legal  representative.  They 
are  also  required,  in  the  absence  of  the  master,  owner 
or  consignee,  to  take  measures  for  saving  vessels  of  the 
United  States  and  their  cargoes,  when  stranded  on  the 
coasts  of  their  consulates ;  and  to  provide  subsistence 
for  American  seamen,  who  may  be  found  destitute 
within  their  districts,  and  send  them  home  at  the  public 
expense.  To  secure  the  faithful  performance  of  their 
duties,  consuls  are  required  to  give  bonds  in  a  sum  not 
less  than  two  thousand,  nor  more  than  ten  thousand 
dollars. 


INTERNATIONAL    RELATIONS.  163 

CHAPTER  XLIII 

INTERNATIONAL    RELATIONS. 

1.  All  independent  nations  stand  on  a  basis  of 
equality,  with  respect  to  eacii  other,  and  no  nation  has 
a  right  to  control  or  dictate  the  internal  polity  of  any 
other.  The  laws  of  any  nation  have  no  intrinsic  force 
beyond  the  limits  of  its  own  territory,  but  by  mutual 
comity  nations  are  in  the  practice  of  paying  a  certain 
degree  of  respect  and  observance  to  foreign  laws  and 
usages.  In  their  intercourse  with  each  other,  nations 
act,  in  some  measure,  on  principles  of  reciprocity ;  as 
in  the  case  of  laying  discrmiinating  duties  on  im- 
ports, whereby  the  products  of  a  particular  country  are 
made  to  pay  higher  duties  than  those  of  other  countries. 

2.  The  relations  and  intercourse  of  nations  are 
commonly  established  and  regulated  by  treaties.  Trea- 
ties are  made  by  diplomatic  agents  or  ministers,  Avho 
are  invested  with  authority  for  the  purpose,  by  their 
respective  governments,  and  who  meet  usually  at  the 
court  of  one  of  the  powers,  if  they  are  at  peace  with 
each  other,  and  deliberate  upon  the  matters  which  are 
the  subject  of  consideration.  When  the  terms  of  the 
treaty  have  been  digested  and  settled,  they  are  put  in 
writing,  and  two  exact  copies  are  made,  which  are 
signed  and  sealed  by  the  ministers  who  conduct  the 
negotiation.  One  of  these  copies  is  sent  to  the  govern- 
ment of  each  of  the  contracting  powers,  and  when  rati- 
fied by  them  both,  and  not  before,  the  transaction  takes 
efiect  as  a  treaty. 

3.  In  time  of  peace,  friendly  intercourse  bet^veen 
nations  is  kept  up  by  means  of  their  diplomatic  repre- 
sentatives, stationed  at  each  other's  courts.  In  case  of 
war,  these  representatives  return  home,  and  all  inter- 
course between  the  two  nations  is  broken  off  Some- 
times when  a  serious  misunderstanding  arises  between 


164  INTERNATIONAL    RELATIONS, 

nations,  threatening  war,  the  ministers  are  either  re- 
called by  their  own  government,  or  dismissed  by  that 
at  which  they  are  resident,  and  thus  the  amicable  rela- 
tions subsisting  between  them  are  interrupted.  There 
are  certain  measures  occasionally  resorted  to  by  one 
nation  to  harass  the  commerce  of  another,  which  are 
not  strictly  belligerent,  but  are  of  a  hostile  character, 
and  tend  to  bring  on  war ;  such  as  issuing  letters  of 
marque  and  reprisal,  and  laying  embargoes. 

4.  Letters  of  marque  and  reprisal,  or  commissions 
from  the  government  to  individuals  to  seize  the  prop- 
erty of  the  delinquent  state  or  of  its  subjects,  are 
designed  as  a  means  of  obtaining  redress.  They  are 
granted  in  cases  where  one  nation,  in  its  public  capa- 
city, or  by  its  subjects,  has  been  guilty  of  some  specific 
and  palpable  injury  to  another  nation,  or  its  subjects,  as 
by  withholding  a  just  debt,  or  by  violence  to  person,  or 
property,  and  ref).ises  to  make  reparation.  A  letter  of 
tnargue  is  properly  an  authority  to  cross  the  boundary 
of  the  injurious  party;  one  of  reprisal,  to  seize  his  prop- 
erty ;  but  the  two  are  coupled  together.  The  property 
so  taken  is  brought  into  port,  and  detained  as  a  pledge, 
or  sold  under  the  proper  judicial  authority. 

5.  An  embargo  is  a  prohibition  laid  upon  the  de- 
parture of  vessels  and  their  cargoes,  from  the  ports  of 
a  state,  during  a  certain  specified  time,  or  indefinitely. 
This  is  done  by  means  of  a  proclamation  issued  by 
authority  of  the  state,  and  usually  in  cases  of  threat- 
ened hostilities.  Such  a  detention  of  property  is  an 
act  at  first  equivocal  in  its  nature.  If  the  controversy 
between  the  two  nations  is  amicably  adjusted,  the 
seizure  becomes  a  mere  civil  detention ;  but  if  it  results 
in  war,  the  embargo  assumes  the  character  of  a  hostile 
measure  from  the  first,  amounting  to  an  implied  declara- 
tion of  war ;  and  the  property  detained  is  liable  to  con- 
demnation as  enemy's  property. 

6.  Previous  to  the  commencement  of  hostilities,  it 
has  been  usual  to  make  a  public  declaration  of  war, 
though  war  may  lawfully  exist  without  any  formal 
declaration.     But  there  must  be  some  official  act  on  the 


INTERNATIONAL    RELATIONS.  165 

part  of  the  government,  to  apprize  the  people  at  home, 
as  well  as  foreign  nations,  of  the  new  state  of  things. 
By  the  strict  rule  of  the  law  of  nations,  all  property  of 
the  enemy  found  in  the  country,  and  their  vessels  and 
cargoes  in  its  ports,  at  the  commencement  of  hostilities, 
are  liable  to  seizure  and  confiscation ;  but  the  exercise 
of  this  right  rests  in  the  discretion  of  the  government. 
The  declaration  of  war  operates  as  an  absolute  inter- 
diction of  all  commercial  intercourse  and  dealing  be- 
tw^een  the  subjects  or  citizens  of  the  two  countries,  and 
all  contracts  made  with  the  enemy  during  the  continu- 
ance of  the  war  are  void. 

7.  By  the  laws  and  usages  of  war,  private  property 
may  be  captured  at  sea,  though,  in  general,  it  is  not 
deemed  allowable  to  take  private  property  upon  land, 
without  making  compensation  for  it.  In  time  of  war, 
armed  vessels  are  frequently  fitted  out  by  private  indi- 
viduals, to  cruise  against  the  commerce  of  the  enemy. 
Such  vessels  are  called  privateers,  and  are  commis- 
sioned by  the  government.  The  prize  money,  or  pro- 
ceeds of  the  property  captured  by  these  vessels,  as  well 
as  by  public  vessels,  it  is  the  practice  for  the  govern- 
ment to  distribute,  wiiolly  or  in  great  part,  among  the 
captors.  When  an  enemy's  vessel  has  been  taken  at 
sea,  it  must  be  brought  into  port  for  adjudication,  and 
the  property  in  it  is  not  changed,  so  that  a  good  title 
can  be  conveyed,  until  a  regular  sentence  of  condem- 
nation has  been,  passed  upon  it,  by  a  court  of  compe- 
tent authority. 

8.  Neutral  nations,  or  those  that  take  no  part  in  the 
war,  are  allowed  to  carry  on  their  accustomed  trade 
with  both  the  belligerent  nations,  under  certain  restric- 
tions. Among  these  restrictions,  neutrals  are  prohibited 
from  furnishing  the  belligerents  with  such  goods  as 
come  under  the  denomination  of  contraband  of  icar, 
including  arms,  munitions  of  war,  and  warlike  stores. 
Contraband  articles  found  on  board  a  neutral  vessel  by 
a  belligerent  are  confiscated  to  the  captor,  together  with 
all  the  rest  of  the  cargo  belonging  to  the  same  owmer, 
and  .the  vessel  also,  if  that  be  his.     Carrying  hostile 


166  ALIENS    AND    NATURALIZATION. 

despatches  by  a  neutral  is  unlawful,  and  subjects  the 
vessel  to  confiscation.  And  the  penalty  for  a  breach  of 
blockade  is  the  confiscation  of  the  vessel,  and  generally 
of  the  cargo. 

9.  A  blockade  is  an  interception,  by  one  of  the  bel- 
ligerents, of  all  commercial  communication  with  a  place 
occupied  by  the  other.  To  constitute  a  blockade,  there 
must  be  a  competent  naval  force  stationed  near  enough 
to  the  port  to  render  dangerous  any  attempt  to  enter. 
The  neutral  must  also  have  had  due  notice  of  the  ex- 
istence of  the  blockade,  in  order  to  subject  him  to  the 
penalty  for  its  violation.  The  blockade  may  be  broken 
by  going  in  or  attempting  to  enter,  or  by  coming  out 
with  a  cargo  laden  after  the  commencement  of  the 
blockade.  It  is  said  to  be  raised,  when  the  blockading 
squadron  voluntarily  abandons  its  station  or  is  driven 
off  by  a  superior  force.  A  vessel  that  has  committed  a 
breach  of  blockade  is  subject  to  capture  at  any  time 
before  the  end  of  the  return  voyage. 


CHAPTER  XLIV. 

ALIENS    AND    NATURALIZATION. 

1.  An  alien,  in  this  country,  is  a  person  born  without 
the  jurisdiction  of  the  United  States.  Such  persons 
cannot,  in  general,  hold  any  civil  office,  or  have  any 
part  in  the  administration  of  government ;  and  they  are 
subject  to  certain  inabilities  in  regard  to  the  possession 
and  transmission  of  property.  Alien  enemies,  or  citi- 
zens or  subjects  of  any  foreign  nation  with  which  the 
United  States  are  at  war,  if  found  within  their  limits, 
are  liable  to  be  apprehended,  secured  and  removed; 
and  the  president  is  authorized,  by  his  proclamation,  or 
other  public  act,  to  direct  the  conduct  to  be  observed 
towards  such  persons.  But  if  not  chargeable  with  ac- 
tual hostility,  they  are  to  be  allowed  a  reasonable  time 


ALIENS    AND    NATURALIZATION.  '  167 

for  the  recovery,  disposal  and  removal  of  their  effects, 
and  for  their  departure  from  the  coimtry, 

2.  An  ahen  may  acquire,  hold  and  transmit  personal 
property,  in  the  same  manner  as  a  citizen  ;  and  in  case 
of  his  death  such  property  goes  as  directed  in  his  will, 
if  he  left  one ;  otherwise  it  is  distributed  according  to  the 
law  of  the  place  of  his  residence,  at  the  time  of  his 
death.  An  ahen  cannot  gain  a  title  to  real  estate  by 
descent,  or  other  mere  operation  of  law.  He  may  pur- 
chase land,  or  take  it  by  devise,  but  where  there  is  no 
statute  provision  to  the  contrary,  the  land  is  liable  to  be 
forfeited  to  the  state,  upon  certain  proceedings  had,  and 
on  the  death  of  the  purchaser  it  cannot  descend  to  his 
heirs,  but  escheats,  as  it  is  termed,  and  goes  to  the  state. 
He  may  make  a  conveyance  of  land  which  will  bind 
himself,  but  it  will  not  be  valid  as  against  the  govern- 
ment. 

3.  The  constitution  vests  in  congress  the  power  to 
establish  a  uniform  rule  oi  natufralization  throughout  the 
United  States,  and  provision  has  accordingly  been  made, 
by  which  aliens,  being  free  white  persons,  may  become 
entitled  to  the  rights  and  privileges  of  citizens.  For  this 
purpose,  the  individual  is  required  to  declare,  on  oath, 
before  a  court  of  record  of  some  state,  having  common 
law  jurisdiction,  and  a  seal  and  clerk,  or  a  circuit  or 
district  court  of  the  United  States,  or  before  the  clerk  of 
either  of  these  courts,  two  years  at  least  before  his  ad- 
mission to  citizenship,  his  intention  to  become  a  citizen 
of  the  United  States.  At  the  time  of  his  admission, 
which  can  be  only  when  his  native  country  is  at  peace 
with  this,  he  must  declare  upon  oath,  before  one  of 
these  courts,  that  he^vill  support  the  constitution  of  the 
United  States,  and  that  he  renounces  and  abjures  all 
foreign  aUegiance. 

4.  To  entitle  the  applicant  to  admission,  he  must 
prove  to  the  court  that  he  has  resided  within  the  Uni- 
ted States  five  years  at  least,  and  within  the  state  or 
territory  where  the  court  is  held  at  least  one  year ;  and 
his  own  oath  is  never  admitted  to  prove  his  residence. 
He  must  also  satisfy  the  court  that  he  has,  during  this 


168  NATURALIZATION. 

time,  been  of  good  moralcharacter,  and  attached  to  the 
principles  of  the  constitution.  If  he  has  borne  any  he- 
reditary title,  or  order  of  nobility,  he  is  required  to  re- 
nounce it.  In  case  he  shall  have  arrived  in  this  coun- 
try since  the  close  of  the  war,  in  1815,  he  must  have  re- 
sided here  for  the  continued  term  of  five  years  next 
preceding  his  admission,  without  being,  at  any  time  du- 
ring that  period,  out  of  the  territory  of  the  United 
States. 

5.  The  declaration  of  intention  to  become  a  citizen 
is  dispensed  with,  in  case  the  alien  resided  in  this  coun- 
try previous  to  the  18th  of  June,  1812,  and  has  since 
continued  to  reside  here  ;  and  such  applicant  may  be 
admitted  on  his  proving,  by  the  oath,  of  citizens,  a  resi- 
dence within  the  United  States,  for  at  least  five,  years 
immediately  preceding  the  time  of  his  application.  So 
if  the  party  has  resided  in  the  United  States  three 
years  next  preceding  his  arrival  at  the  age  of  twenty- 
one  years,  and  thenceforward  to  the  time  of  his  appli- 
cation, he  may,  after  he  attains  his  majority,  and  has  re- 
sided here  five  years,  including  the  three  years  of  his 
minority,  be  admitted  a  citizen  without  having  made 
the  previous  declaration.  But  he  is  required  to  make 
the  declaration  at  the  time  of  his  admission,  and  also  to 
declare  upon  oath,  and  prove  to  the  satisfaction  of  the 
court,  that  for  three  years  next  preceding,  it  has  been 
liis  actual  intention  to  become  a  citizen. 

6.  When  any  alien,  who  has  made  the  required  dec- 
laration, dies  without  being  actually  naturalized,  his 
wid6w  aiid  children  are  to  be  considered  as  citizens, 
and  entitled  to  all  rights  and  privileges  as  such,  on  tak- 
ing the  oaths  prescribed  by  law.  The  children  of  per- 
sons duly  naturalized,  being  under  twenty-one  years  of 
age  at  the  time  when  their  parents  were  admitted  to 
citizenship,  are,  if  dwelling  in  the  United  States,  to  be 
deemed  citizens ;  but  the  right  of  citizenship  does  not 
descend  to  persons  whose  fathers  have  never  resided 
within  the  United  States.  The  period  of  residence  re- 
quired l)efore  an  alien  can  be  admitted  a  citizen,  has 
varied  from  time  to  time.     In  1790  it  was  but  two  years, 


SLAVE    TRADE.  169 

then  five,  afterwards  fourteen,  and  by  the  act  of  1802  it 
was  fixed  at  five  years,  and  it  has  so  remained  ever 
since. 


CHAPTER  XLV. 

THE     SLAVE     TRADE. 

1.  Slavery  was  introduced  into  the  American  colo- 
nies soon  after  their  first  settlement.  The  first  slaves 
are  said  to  have  been  brought  to  Virginia,  in  1619,  by  a 
Dutch  ship.  The  demand  for  slaves,  from  time  to  time, 
was  supplied  by  importations  from  the  coast  of  Africa. 
In  some  of  the  colonies,  efforts  were  made  to  put  an  end 
to  this  trade,  but  all  such  movements  were  discounte- 
nanced and  frustrated  by  the  English  government.  In 
the  declaration  of  independence,  as  drawn  up  by  Mr. 
Jefferson,  it  was  made  one  of  the  grounds  of  complaint 
against  the  reigning  sovereign  of  Great  Britain,  that  he 
had  prostituted  his  negative  for  suppressing  every  leg- 
islative attempt  to  prohibit  or  restrain  that  execrable 
commerce.  This  clause,  however,  was  struck  out,  af- 
ter the  declaration  was  reported  to  congress.  The  fur- 
ther importation  of  negroes  was  prohibited  by  Virginia 
in  177b,  and  by  several  of  the  other  states  about  the 
same  time. 

2.  The  constitution  of  the  United  States  contains 
the  following  provision  in  respect  to  the  slave  trade  : 
The  migration  or  importation  of  such  persons  as  any  of 
the  states  now  existing  shall  think  proper  to  admit,  shall 
not  be  prohibited  by  congress  prior  to  the  year  1808, 
but  a  tax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person.  By  migra- 
tion  Avas  probably  intended  the  removal,  or  transfer  of 
slaves  from  one  state  to  another;  by  importation,  the 
introduction  of  them  from  abroad.  A  tax  is  authorized 
to  be  laid  on  the  importation,  but  not  on  the  migration ; 
which,  if  the  terms  be  understood  in  the  sense  above 

15 


170  SLAVE    TRADE. 

explained,  may  be  accounted  for  on  the  ground  that  a 
migration  inchides  an  exportation  from  a  state,  and  by 
another  clause  of  the  constitution  it  is  declared  that  no 
tax  or  duty  shall  be  laid  on  articles  exported  from  any 
state. 

3.  It  is  observable  that  the  restriction  upon  congress 
respected  only  the  states  then  existing,  leaving  that  body 
at  liberty,  at  any  time,  to  prohibit  the  introduction  of 
slaves  into  any  other  portion  of  the  territory  of  the  Uni- 
ted States.  This  power  was  exercised  by  congress  in 
1804,  when,  by  the  act  for  dividing  Louisiana  into  two  ter- 
ritories, and  providing  for  the  government  of  the  south- 
ern portion,  it  declared  that  no  slaves  should  be  imported 
from  abroad,  and  none  be  brought  from  any  port  or  place 
within  the  United  States,  that  had  been  imported  since 
the  1st  of  May,  1798,  or  that  should  thereafter  be  im- 
ported. And  as  the  restriction  was  confined  to  such 
persons  as  any  state  chose  to  admit,  congress  could  act, 
immediately,  with  the  cooperation  of  the  states.  Ac- 
cordingly, it  was  enacted,  in  1803,  that  no  person  should, 
under  a  prescribed  penalty,  import  any  person  of  color, 
with  certain  exceptions,  into  any  state  which  should  by 
law  have  prohibited  such  importation. 

4.  Congress  passed  an  act  prohibiting  absolutely  the 
importation  of  slaves  from  abroad,  to  take  effect  at  the 
earliest  day  permitted  by  the  constitution.  That,  and 
subsequent  acts  on  the  subject,  imposed  certain  penal- 
ties upon  offenders,  and  subjected  to  forfeiture  all  vessels 
employed  in  the  trade.  The  act  of  1818  fixed  the  pen- 
alty for  bringing  into  the  United  States  any  person  of 
color  from  abroad,  or  holding  or  selling  such  person 
as  a  slave,  at  a  sum  not  exceeding  ten  thousand  nor 
less  than  one  thousand  dollars,  and  imprisonment  for 
not  more  than  seven,  nor  less  than  three  years.  By 
the  act  of  1820,  any  citizen  of  the  United  States,  or 
any  person  whatever  employed  on  board  of  their  ves- 
sels, who  shall  land  on  a  foreign  shore  and  seize  any 
negro  or  mulatto,  not  held  to  service  by  the  laws  of 
either  of  the  United  States,  or  shall  decoy,  or  forcibly 
bring  or  detain  on  board,  or  shall  sell  or  transfer  any 


SLAVE    TRADE.  I7l 

such  person,  with  intent  to  make  him  a  slave,  is  adjudg- 
ed a  pirate,  and  is  Uable  to  the  pmiishment  of  death. 

5.  At  the  time  of  aboUshing  the  foreign  slave  trade, 
in  1807,  congress  established  certain  regulations  res- 
pecting the  domestic  trade.  No  master  of  a  vessel  of 
less  burthen  than  forty  tons  is  allowed  to  take  on  board 
and  transport,  except  on  rivers  or  inland  bays  of  the 
sea  within  the  jurisdiction  of  the  United  States,  any 
negro,  mulatto,  or  other  person  of  color,  to  be  sold  or 
disposed  of  as  a  slave,  or  held  to  service,  under  a  pen- 
alty of  eight  hundred  dollars,  for  each  person  so  trans- 
ported. And  any  master  of  a  vessel  of  forty  tons  or 
upwards,  sailing  coastAvise  from  one  port  to  another  in  the 
United  States,  having  on  board  persons  of  color,  for  the 
purpose  of  transporting  them  to  be  sold  or  held  as  slaves, 
is  required  first  to  make  out  and  subscribe  duplicate 
manifests,  or  schedules,  of  all  such  persons  on  board, 
specifying  certain  enumerated  particulars  in  regard  to 
each,  with  the  name  and  residence  of  every  owner  or 
shipper. 

6.  The  manifests  are  delivered  to  the  collector  of 
the  port,  before  whom  the  master  and  the  owner  or 
shipper  must  make  oath,  to  the  best  of  their  knowledge 
and  belief,  that  the  persons  specified  in  the  manifests 
were  not  imported  into  the  United  States  after  the  1st 
of  January,  1808,  and  that  under  the  laws  of  the  state 
they  are  held  to  labor.  The  collector  then  certifies  the 
manifests,  one  of  which  he  returns  to  the  master,  with 
di,  permit,  authorizing  him  to  proceed  on  the  voyage.  By 
disregard  of  these  regulations  the  master  incurs  a  penal- 
ty of  one  thousand  dollars  for  each  person  transported, 
and  the  vessel  is  forfeited.  On  arriving  at  the  port  of  des- 
tination, the  master  must  deliver  the  certified  manifest, 
to  the  collector  of  the  port,  and  obtain  a  permit  for  un- 
lading. If  he  shall  refuse  or  neglect  to  deliver  the  man- 
ifest, as  required,  or  shall  land  any  person  of  color 
without  a  permit,  he  forfeits  ten  thousand  dollars.  Pen- 
alties under  the  laws  respecting  the  slave  trade  go,  one 
half  to  the  United  States,  the  other  half  to  the  prose- 
cutor. 


172  SLAVERY. 

CHAPTER  XL VI. 

SLAVERY    IN    THE    UNITED    STATES. 

1.  At  the  time  of  the  revokitionary  war,  slavery  ex- 
isted, to  some  extent,  in  all  the  states;  but  in  several  of 
them  it  was  abolished  soon  afterwards.  The  ordinance, 
established  by  congress  in  Jnly,  \1S1,  for  the  govern- 
ment of  the  territory  northwest  of  the  river  Ohio,  pro- 
vided that  there  should  be  neither  slavery  nor  involun- 
tary servitude  in  that  territoiy,  otherwise  than  in  the 
punishment  of  crimes,  upon  due  conviction  of  the  par- 
ties. In  the  convention  which  framed  the  constitution 
of  the  United  States,  and  which  met  in  the  same  year, 
the  subject  of  slavery  was  one  that  was  attended  with 
most  embaiTassment.  The  difficulties  that  arose  in 
relation  to  it,  were  finally  adjusted  by  way  of  compro- 
mise. The  constitution  nowhere  speaks  of  slavery  or 
slaves,  by  name,  but  it  contains,  besides  those  relating 
to  the  slave  trade,  important  provisions  growing  out  of 
the  subject,  in  reference  to  the  apportionment  of  rep- 
resentatives in  congress,  and  to  reclaiming  fugitive 
slaves. 

2.  For  the  purpose  of  representation,  it  was  agreed 
that  five  slaves  should  be  reckoned  equal  to  three  free- 
men ;  so  that  three  fifths  of  the  number  of  slaves  are 
to  be  added  to  the  whole  number  of  free  persons,  in 
each  state,  to  constitute  what  is  called  the  federal 
popidation,  which  is  the  basis  of  the  apportionments. 

The  efiect  of  this  provision  has  been,  to  give  to  the 
slave-holding  states  from  fifteen  to  twenty-five  repre- 
sentatives more  than  they  would  have  been  entitled  to, 
had  the  basis  been  one  of  free  persons  only.  At  pres- 
ent, they  have  twenty-four  representatives  for  their 
slave  population.  Those  states  have  also  a  correspond- 
ing advantage  in  the  election  of  president  and  vice 
president,    since,   by  the   constitution,   each   state  is 


SLAVERY.  173 

allowed  a  number  of  electors  equal  to  the  whole  num- 
ber of  senators  and  representatives  to  which  it  is  enti- 
tled in  congress. 

3.  The  provision  of  the  constitution  in  regard  to 
fugitive  slaves  is,  that  no  person  held  to  service  in  one 
state,  under  its  laws,  escaping  into  another,  shall,  in 
consequence  of  any  law  or  regulation  in  the  latter  state, 
be  discharged  from  such  service,  but  shall  be  delivered 
up  on  claim  of  the  party  to  whom  the  service  is  due. 
To  effectuate  this  provision,  congress,  in  1793,  passed 
an  act,  extending  to  all  the  territories  as  well  as  the 
states,  authorizing,  in  such  case,  the  person  to  whom 
the  service  is  due,  his  agent  or  attorney,  to  seize  such 
fugitive  from  labor,  and  take  him  before  any  judge  of 
the  circuit  or  district  courts  of  the  United  States,  who 
resides  or  is  within  the  state,  or  before  any  magistrate 
of  the  county,  city,  or  town,  in  which  the  seizure  is 
made. 

4.  The  judge  or  magistrate,  before  whom  the  per- 
son so  seized  is  brought,  upon  proof,  to  his  satisfaction, 
either  by  oral  testimony,  or  affidavit  taken  and  certified 
by  a  magistrate  of  the  state  or  territory,  that  such  per- 
son does,  under  the  laws  of  the  state  or  territory  from 
which  he  fled,  owe  service  to  the  person  claiming  him, 
is  bound  to  give  a  certificate  to  that  effect  to  the  claim- 
ant, which  is  a  sufficient  warrant  for  removing  the  fugi- 
tive to  the  state  or  territory  from  which  he  escaped. 
Any  person  who  shall  obstruct  or  hinder  such  claimant 
in  making  the  seizure,  or  shall  rescue  such  fugitive,  or 
harbor  or  conceal  him  after  notice  that  he  is  a  fugitive 
from  labor,  for  either  of  these  offences  forfeits  five  hun- 
dred dollars,  to  be  recovered  for  the  benefit  of  the  per- 
son claiming  the  slave. 

5.  The  constitution  recognizes  no  distinctions  found- 
ed on  color.  Such  distinctions  are,  however,  made  by 
the  laws  of  the  United  States,  in  several  instances. 
There  is  no  provision  for  the  naturalization  of  other 
than  white  persons ;  and  none  but  white  persons  can 
be  enrolled  in  the  militia,  or  be  employed  in  carrying 
the  mail.     In  the  District  of  Columbia,  which  is  under 

15* 


174  SLAVERY. 

the  exclusive  legislation  of  congress,  some  of  the  laws 
bear  jjeciiharly  hard  upon  persons  of  color.  The  legal 
presumption  is  said  to  be,  that  such  persons  going  at 
large,  without  any  evidences  of  their  freedom,  are  ab- 
sconding slaves.  They  may  be  arrested  and  imprison- 
ed on  suspicion  of  being  fugitives,  and  if  unable  to 
prove  their  freedom  within  a  given  time,  or  to  pay  the 
jail  fees  and  expenses  allowed  by  law,  they  are  liable 
to  be  sold  as  slaves.  The  domestic  slave  trade  pre- 
vails to  a  great  extent,  at  the  scat  of  the  national  gov- 
ernment ;  and  the  laws  of  the  city  of  Washington  re- 
quire the  payment  of  four  hundred  dollars  for  a  license 
to  trade  or  traffic  in  slaves  for  profit. 

6.  In  the  seven  most  northerly  of  the  original  states, 
in  Vermont,  and  in  Maine,  which  was  a  part  of  Massa- 
chusetts, slavery  was  long  since  abolished  by  their 
state  constitutions,  or  by  law.  In  Ohio,  Indiana,  Illi- 
nois, and  Michigan,  and  the  territory  of  Wisconsin,  it 
was  prohibited  by  the  ordinance  of  1787.  At  the  time 
the  admission  of  Missouri  into  the  Union  was  under 
discussion  in  congress,  an  effort  was  made  to  exclude 
slavery  from  that  state.  The  attempt,  however,  failed; 
and  the  controversy  resulted  in  a  compromise  by  which, 
in  all  that  territory  ceded  by  France  to  the  United 
States,  under  the  name  of  Louisiana,  lying  north  of 
thirty-six  and  a  half  degrees  north  latitude,  not  included 
within  the  limits  of  the  state  of  Missouri,  slavery  and 
involuntary  servitude,  otherwise  than  in  the  punish- 
ment of  crimes,  were  forever  prohibited.  The  line  in 
question  is  on  the  same  parallel  with  the  boundary  line 
betwixt  Virginia  and  North  Carolina.  In  this  case,  as 
well  as  by  the  ordinance  of  1787,  the  right  of  reclaim- 
ing fugitives  from  labor  was  expressly  reserved. 

7.  The  committee  appointed,  in  1776,  to  revise  the 
laws  of  Virginia,  had  agreed  upon  the  principles  of  an 
amendment  to  the  existing  laws  relative  to  slavery; 
the  plan  being,  the  freedom  of  all  born  after  a  certain 
day,  and  deportation  at  a  proper  age.  But  it  was  found 
the  public  mind  would  not  then  bear  the  proposition. 
Slavery  now  exists  by  law,  in  all  the  states  south  of 


BANKRUPTCY.  175 

Mason  and  Dixon's  line,  which  is  the  southern  bound- 
ary of  Pennsylvania,  in  those  south  of  the  river  Ohio, 
in  Missouri,  Aricansas,  and  Louisiana,  and  in  the  Dis- 
trict of  Columbia  and  the  territory  of  Florida.  Dela- 
ware now  contains  less  than  one  third  the  number  of 
slaves  it  had  in  1790 ;  and  in  Maryland,  slavery,  for  the 
last  thirty  years,  has  been  decidedly  on  the  decline. 
Li  Virginia  and  North  Carolina  it  has,  of  late,  been 
nearly  stationary.  In  the  other  southern  states,  and 
especially  in  several  of  the  new  ones,  it  has  been,  and 
is  still,  rapidly  increasing. 


CHAPTER  XL VII. 

BAI^KRUrTCY. 

1.  The  constitution  vests  in  congress  the  power  to 
establish  uniform  laws  on  the  subject  of  bankruptcies, 
throughout  the  United  States.  Bankrupt  laws  are  de- 
signed to  relieve  persons  who  have  been  unfortunate 
in  business,  by  discliarging  them  from  their  debts  and 
engagements,  on  their  surrendering  all  their  property 
for  the  benefit  of  their  creditors.  The  aim  of  such  laws 
is  at  once  to  free  the  debtor  from  the  discouragement  of 
laboring  always  under  an  overwhelming  burden  of  debt, 
and  to  secure  to  all  the  creditors  an  equal  participation 
in  his  actual,  present  effects.  A  bankrupt  law  was 
passed  by  congress  in  1800,  but  was  repealed  in  1803. 
Since  that  time,  though  the  subject  has  been  often  agi- 
tated, this  power  has  never  been  exercised  by  congress, 
until  the  extra  session  in  1841,  when  a  law  was  en- 
acted, establishing  a  uniform  system  of  bankruptcy 
throughout  the  United  States,  to  go  into  effect  on  the 
2d  of  February,  ]  842. 

2.  In  the  absence  of  all  legislation  on  the  subject  by 
congress,  several  of  the  states  have,  heretofore,  passed 
insolvent  laws, — which,  properly,  are  laws  exempting 


176  BANKRUPTCY. 

the  person  from  arrest, — but  these  state  laws  have  fre- 
quently been  so  framed  as  to  have  the  eifect,  to  some 
extent,  of  bankrupt  laws.  But  since  the  states  are  pro- 
liibited  by  the  constitution  from  passing  any  law  im- 
pairing the  obligation  of  contracts,  no  state  law  could 
ever  discharge  a  person  from  contracts  entered  into 
before  the  passage  of  the  law,  or  from  those  made  or 
to  be  performed  without  the  state ;  nor  could  any  dis- 
charge under  a  state  law  protect  the  insolvent  from 
arrest,  beyond  the  limits  of  the  state,  at  the  suit  of  a 
creditor  without  the  state.  Congress  having  the  power 
to  pass  uniform  bankrupt  laws,  when  once  such  a  law 
has  been  passed  and  goes  into  operation,  it  is  under- 
stood that  the  diverse  state  insolvent  laws  are  thereby 
suspended,  in  respect  to  persons  and  cases  within  the 
purview  of  the  act  of  congress. 

3.  By  the  act  of  1841,  any  person  owing  debts,  not 
created  by  defalcation  as  a  public  officer  or  while  act- 
ing in  a  fiduciary  capacity,  who  shall,  by  petition  set- 
ting forth,  to  the  best  of  his  knowledge  and  belief,  a 
list  and  specification  of  his  creditors,  with  an  accurate 
inventory  and  description  of  his  property  and  eifects, 
verified  by  oath,  apply  to  the  proper  court  for  the  bene- 
fit of  the  act,  and  declare  himself  unable  to  meet  his 
debts  and  engagements,  may  be  declared  a  bankrupt, 
by  a  decree  of  the  court.  In  this  case,  the  bankruptcy 
is  voluntary.  It  may  be  compidsory ;  in  Avhich  case  any 
person,  being  a  merchant,  broker  or  the  like,  owing 
debts  to  the  amount  of  two  thousand  dollars,  may  be 
declared  a  bankrupt  on  the  petition  of  one  or  more  of 
his  creditors  to  whom  he  owes  debts  amounting  in  the 
whole  to  five  hundred  dollars,  whenever  such  person 
has  committed  any  of  certain  specified  acts,  which  are 
deemed  indicative  of  an  intention  to  defraud  his  cred- 
itors. 

4.  The  petition  is  deposited,  or  Jiled,  in  the  district 
court  of  the  district  in  which  the  debtor  resides,  and  no- 
tice of  it  is  published  in  one  or  more  newspapers  in  the 
district,  at  least  twenty  days  before  the  time  assigned 
for  the  hearing.     At  the  proper  time,  if  no  valid  objee- 


BANKRUPTCY.  177 

tion  is  offered,  the  petitioner  is  declared  a  bankrupt. 
By  the  decree  of  bankruptcy,  the  property  of  the  debtor 
is,  by  mere  operation  of  law,  devested  out  of  him,  and 
vested  in  the  assignee,  when  one  is  appointed.  The 
bankrupt  is  allowed  his  necessaiy  household  and  kitch- 
en furniture,  and  such  other  articles  and  necessaries  as 
the  assignee  shall  designate  and  set  apart,  having  refer- 
ence, in  the  amount,  to  the  family,  condition  and  cir- 
cumstances of  the  bankrupt,  but  altogether  not  to 
exceed  three  hundred  dollars  in  any  case ;  and  also  the 
wearing  apparel  of  the  bankrupt,  and  that  of  his  wife 
and  children:  and  the  determination  of  the  assignee 
is,  on  exception  taken,  subject  to  the  final  decision  of 
the  court. 

5.  The  assignee  is  appointed  by  the  court,  soon 
after  the  decree  of  bankruptcy.  He  may  be  required 
to  give  bond,  with  sureties,  conditioned  for  the  due  and 
faithful  discharge  of  all  his  duties ;  and  he  is  remova- 
ble at  the  discretion  of  the  court.  He  is  authorized  to 
sell,  manage  and  dispose  of  the  bankrupt's  effects,  and 
to  prosecute  and  defend  suits,  subject  to  the  orders  and 
directions  of  the  court.  All  sales  and  conveyances  of 
property  are  made  under  the  direction  of  the  court; 
and  all  proceeds  of  the  estate,  received  by  the  assignee 
in  money,  must  be  paid  into  court  within  sixty  days. 
It  is  the  duty  of  the  court  to  direct  the  effects  to  be  re- 
duced to  money  as  early  as  is  consistent  with  a  due 
regard  to  the  interests  of  the  creditors ;  and  as  often  as 
once  in  six  months  from  the  decree  of  bankruptcy,  a 
dividend  out  of  the  money  collected,  is  to  be  made 
among  the  creditors  who  have  proved  their  debts. 

6.  After  the  decree  of  bankruptcy,  the  bankrupt 
may  present  to  the  court  a  petition  for  a  discharge  from 
all  his  debts,  and  a  certificate  of  it ;  which,  however, 
cannot  be  granted  until  after  ninety  days  from  the  de- 
cree of  bankruptcy,  nor  until  after  seventy  days'  notice, 
in  some  public  newspaper,  of  the  petition,  and  of  the 
time  and  place  of  hearing.  The  bankrupt  is  at  all 
times  subject  to  examination,  upon  oath,  on  all  matters 
relating  to  his  bankruptcy,  to  his  acts  and  doings,  and 


178 


BANKRUPTCY. 


to  his  property,  when  the  court  shall  deem  it  necessary 
and  proper,  for  the  purposes  of  justice.  If,  upon  the 
hearing  for  that  purpose,  a  discharge  shall  not  be  de- 
creed to  the  bankrupt,  he  may  demand  a  trial  by  jury, 
in  the  district  court,  or  may  appeal  to  the  circuit  court, 
where  the  appeal  may  be  determined  by  the  court,  or 
by  a  jury,  at  the  option  of  the  bankrupt. 

7.  The  bankrupt  is  not  entitled  to  a  discharge  if  he 
has  been  guilty  of  any  fraud,  or  wilful  concealment  of 
his  property ;  or  has  preferred  any  of  his  creditors  con- 
trary to  the  provisions  of  the  act ;  or  has  wilfully  omit- 
ted or  refused  to  comply  with  the  orders  of  the  court 
and  the  requisites  of  the  act;  or  has  admitted  a  false 
or  fictitious  debt  against  his  estate.  Neither  is  he,  if 
being  a  merchant,  broker  or  the  like,  he  has  not  kept 
proper  books  of  account  since  the  passing  of  the  act ; 
nor  is  any  person  who,  since  the  passing  of  the  act, 
has  applied  trust  funds  to  his  own  use.  Payments  or 
conveyances  made  by  a  person,  in  contemplation  of 
bankruptcy,  for  the  purpose  of  giving  any  creditor  a 
priority  over  others,  or  to  any  person  other  than  an 
actual  creditor,  or  a  purchaser  for  a  valuable  considera- 
tion, without  notice  of  the  contemplated  bankruptcy, 
are  void ;  and  the  assignee  under  the  bankruptcy  may 
recover  back  such  money  or  property. 

8.  Commissioners  in  bankruptcy  are  appointed  by 
the  court,  to  receive  the  proof  of  debts,  to  examine 
and  certify  papers  and  take  depositions,  and  to  perform 
various  other  duties.  Proof  of  debts  or  other  claims  is 
made  by  the  oath  of  the  creditor,  and  may  be  before 
the  court  decreeing  the  bankruptcy,  or  a  commissioner 
of  the  court,  or  before  any  disinterested  state  judge  of 
the  state  where  the  creditor  lives.  The  written  proofs 
are  filed  in  the  district  court,  which  has  fall  power  to 
set  aside  or  disallow  any  debt,  upon  evidence  that  it  is 
founded  in  fraud,  illegality  or  mistake ;  and  as  well  the 
assignee  as  the  creditor  may  have  a  trial  by  jury,  to 
ascertain  the  validity  and  amount  of  any  claim.  Where 
there  are  mutual  accounts  between  the  parties,  the  bal- 
ance is  deemed  the  true  debt. 


NAVIGATION.  179 

9.  All  creditors  who  have  proved  their  claims,  share 
equally  in  the  bankrupt's  effects ;  except  that  debts 
due  by  the  bankrupt  to  the  United  States,  or  to  per- 
sons who,  by  the  laws  of  the  United  States,  are  enti- 
tled to  a  preference,  by  reason  of  having  paid  money 
as  his  sureties,  are  to  be  fii'st  paid;  and  any  person 
who  has  performed  labor  as  an  operative  in  the  service 
of  the  bankrupt,  within  six  months  next  before  his 
bankruptcy,  receives  the  full  amount  of  his  wages,  not 
exceeding  twenty-five  dollars.  The  bankrupt,  when 
he  has  obtained  a  regular  discharge,  is  absolved*  from 
all  debts  and  contracts  provable  under  the  act,  whether 
they  have  been  actually  proved  or  not.  But  no  dis- 
charge of  a  bankrupt  releases  any  person  who  was 
liable  for  the  same  debt,  as  a  partner,  joint  contractor, 
or  otherwise,  with  the  bankrupt.  Neither  does  the  act 
impair  any  lawful  rights  of  married  women  or  minors, 
or  any  mortgages  or  other  valid  securities  on  property. 


CHAPTER  XLVIIL 

NAVIGATION. 

1.  Vessels  of  the  United  States  have  certain  priv- 
ileges in  regard  to  duties  on  their  tonnage,  and  on 
goods  imported  in  them.  Vessels  registered  according 
to  law,  and  wholly  owned  and  commanded  by  citizens 
of  the  United  States,  are  alone  entitled  to  the  privi- 
leges of  vessels  of  the  United  States  ;  except  that  ves- 
sels of  twenty  tons  and  upwards,  enrolled  and  having 
a  license  in  force,  and  those  of  less  than  twenty  tons, 
not  enrolled,  but  having  a  license  in  force,  enjoy  the 
privileges  of  vessels  of  the  United  States,  employed  in 
the  coasting  trade  and  fisheries.  To  entitle  vessels  to 
be  registered,  or  enrolled  and  licensed,  they  must,  with 
certain  exceptions,  have  been  built  in  this  country,  and 
they  must  belong  wholly  to  citizens  of  the  United 
States. 


180  NAVIGATION. 

2.  Vessels  are  registered  by  the  collector  of  tke  dis- 
trict in  which  the  port  is  where  they  belong,  at  the 
time  they  are  registered.  Previous  to  the  registry  of  a 
vessel,  the  necessary  facts  relative  to  its  character,  and 
the  citizenship  of  the  owners  and  master,  must  be  es- 
tablished in  the  mode  designated.  The  vessel  is  then 
measured,  and  its  tonnage  ascertained ;  and  a  bond  is 
required,  conditioned  that  the  certificate  of  registry 
shall  be  used  solely  for  that  vessel,  and  that,  upon  the 
happening  of  certain  contingencies,  it  shall  be  delivered 
up  to  the  collector.  When  all  the  conditions  have  been 
complied  with,  the  collector  makes,  and  keeps  in  a 
book,  a  record  of  the  transaction  and  proofs,  and  grants 
an  abstract  or  certificate  of  this  record. 

3.  The  like  requisites  are  necessary  for  the  enrol- 
ment, as  for  the  registry  of  a  vessel,  and  the  same  pro- 
ceedings are  had.  A  record  of  the  enrolment  is  made, 
and  an  abstract  or  copy  of  it  granted,  in  the  form  di- 
rected by  law.  In  order  to  the  licensing  of  any  vessel 
for  carrying  on  the  coasting  trade  or  fisheries,  certain 
prescribed  securities  are  required  that  the  vessel  shall 
not  be  employed  in  any  trade  to  defraud  the  revenue  of 
the  United  States,  or  the  license  be  used  for  any  other 
vessel  or  employment  than  that  for  which  it  was  grant- 
ed. Every  registered  or  licensed  vessel  is  required  to 
have  its  name  and  the  port  to  which  it  belongs  painted 
on  the  stern,  on  a  black  ground,  in  white  letters,  of  a 
specified  size. 

4.  No  vessel  arriving  in  the  United  States  from  any 
foreign  port,  or  the  cargo  on  board,  can  be  entered  else- 
where than  at  one  of  the  authorized  ports  of  entry ; 
and  the  cargo  can  be  unladen  only  at  one  of  tlie  ports 
of  delivery.  No  goods  can  be  brought  into  the  United 
States  in  any  vessel  owned  wholly  or  in  part  in  this 
country,  unless  the  master  shall  have  on  board  a  mani- 
fest, in  writing,  signed  by  himself,  specifying  the  places 
where  the  goods  mentioned  in  it  were  taken  on  board, 
and  the  places  for  which  they  are  consigned;  the  des- 
cription of  the  vessel,  and  the  name  of  each  owner,  ac- 
cording to  the  register,  and  of  the  master ;  and  contain- 


NAVIGATION.  181 

ing  a  particular  account  of  all  the  goods  on  board,  the 
names  of  the  persons  to  whom  they  are  consigned,  as 
by  the  bills  of  lading,  the  names  of  the  passengers,  with 
their  baggage,  and  an  account  of  the  remaining  sea 
stores. 

5.  Every  master  of  such  a  vessel,  on  his  arrival 
within  four  leagues  of  the  coast,  or  within  any  of  its 
bays,  harbors,  or  inlets,  is  bound,  upon  demand,  to  pro- 
duce the  required  manifests  to  such  officer  of  the  cus- 
toms as  shall  first  come  on  board  for  inspection,  and  to 
deliver  him  true  copies  of  them.  The  officer  having 
duly  certified  the  original  manifests,  and  the  copies, 
transmits  the  latter  to  the  collectors  of  the  several  dis- 
tricts to  which  the  goods  purport  to  be  consigned.  And 
upon  his  arrival  within  the  limits  of  any  collection  dis- 
trict, in  which  any  part  of  the  cargo  is  to  be  discharged, 
the  master  is  required,  in  like  manner,  to  exhibit  his 
manifests,  and  to  furnish  copies  to  the  officer  of  the 
customs  who  shall  then  first  come  on  board,  who  certi- 
fies the  original  manifests,  and  transmits  the  copies  to 
the  collector  of  that  district.  The  original  manifests, 
thus  certified,  are  afterwards  delivered  to  the  collector, 
by  the  master. 

6.  Within  twenty-four  hours  after  the  arrival  of  a 
vessel  from  any  foreign  place,  at  any  established  port 
of  the  United  States  at  which  an  officer  of  the  customs 
resides,  or  as  soon  after  that  time  as  the  hours  of  busi- 
ness at  the  custom  house  will  permit,  it  is  the  duty  of 
the  master  to  make  report  to  the  chief  officer  of  the 
customs,  of  the  arrival  of  his  vessel ;  and  within  forty- 
eight  hours  after,  to  make  a  further  report  in  writing  to 
the  collector  of  the  district.  This  latter  report  is  to  be 
in  the  form  and  to  contain  all  the  particulars  required 
to  be  inserted  in  a  manifest,  and  the  truth  of  it  must  be 
sworn  to  by  the  master,  before  the  collector. 

7.  Any  vessel  bringing  into  the  United  States  from 
any  foreign  place,  goods  specified  in  the  manifests  to 
be  for  different  collection  districts,  may  proceed  from 
district  to  district  for  the  delivery  of  them.  The  mas- 
ter, in  such  case,  must  obtain  from  the  collector  of  the 

16 


182  NAVIGATION. 

district  within  which  he  first  arrives,  a  certified  copy  of 
the  report  and  manifests,  and  also  from  him  and  from 
each  successive  collector,  a  certificate  of  the  quantity 
and  particulars  of  the  goods  that  have  been  landed  in 
his  district ;  which  copy  and  certificates  he  is  bound  to 
produce  to  the  collector  of  any  other  district,  on  making 
report  and  entry.  And  he  is  required  to  give  bond  in 
the  district  where  he  first  arrives,  conditioned  for  the 
due  entry  and  delivery  of  the  residue  of  the  goods  con- 
formably to  his  report  of  their  destination. 

8.  In  the  case  of  a  foreign  vessel,  the  register,  or 
corresponding  document,  together  with  the  clearance 
and  other  papers  granted  by  the  oflicers  of  the  customs 
to  the  vessel,  at  her  departure  from  the  port  from  which 
she  may  have  arrived,  must,  in  general,  previously  to 
entry  in  any  port  of  the  United  States,  be  produced  to 
the  collector  of  the  port  where  the  entry  is  to  be  made. 
And  the  master  is  required,  within  forty-eight  hours 
after  the  entry,  to  deposit  these  papers  with  the  consul 
of  the  nation  to  which  the  vessel  belongs,  and  to  deliv- 
er to  the  collector  a  certificate  from  the  consul,  that 
they  have  been  so  deposited.  The  papers  in  question 
the  consul  is  forbidden  to  return  to  the  master,  until  he 
shall  produce  a  clearance,  in  due  form,  from  the  collec- 
tor of  the  port  where  the  vessel  was  entered. 

9.  Before  clearance  can  be  granted  for  any  vessel 
bound  to  a  foreign  place,  the  owner,  shippers,  or  con- 
signors of  the  cargo  are  obliged  to  deliver  to  the  col- 
lector, on  oath,  a  manifest,  in  writing,  subscribed  by 
them  respectively,  specifying  the  kinds  and  quantities 
of  articles,  and  the  actual  total  value  of  each  kind,  at 
the  port  and  time  of  exportation ;  and  the  master  and 
shippers  must  state,  upon  oath,  to  the  collector,  the 
foreign  place  at  which  the  cargo  is  intended  to  be  land- 
ed. Every  vessel  of  the  United  States  going  on  a  for- 
eign voyage,  is  required  to  be  furnished  by  the  collector 
of  the  district  where  the  vessel  is,  with  a  2^assport,  the 
form  of  which  is  prescribed  by  the  secretary  of  state, 
with  the  approbation  of  the  president.  The  master 
must   give   bond  with  sureties,  conditioned    that  the 


SHIPMENT    OF    GOODS.  183 

passport  shall  not  be  used  for  any  other  vessel,  and 
that,  in  case  of  the  loss  or  sale  of  the  vessel,  the  pass- 
port shall  be  returned  to  the  collector. 


CHAPTER  XLIX. 

THE  SHIPMENT  AND  LANDING  OF  GOODS. 

1.  When  goods  are  received  on  board  of  a  vessel 
they  are  in  the  keeping  of  the  master,  who  is  responsible 
for  them.  The  first  mate  of  the  vessel  has  however, 
usually,  in  fact,  the  principal  superintendence  of  the  car- 
go. Sometimes  a  supercargo  is  specially  employed  by 
the  owner  of  the  cargo,  and  sent  out  to  take  charge  of 
it  on  the  voyage,  to  sell  it  at  the  foreign  port,  and  pur- 
chase a  return  cargo.  But  goods  are  more  commonly 
shipped  on  consignment  to  some  person  who  has  ordered 
them,  or  who  is  to  sell  or  dispose  of  them  as  directed. 
In  such  cases  the  person  who  sends  the  goods  is  called 
the  consignor,  or  shipper,  the  person  to  whom  they  are 
directed  at  the  foreign  port,  the  consignee.  The  con- 
signor makes  and  sends  to  the  consignee  an  invoice  of 
the  goods,  and  also  causes  three  or  four  bills  of  lading 
to  be  made  out. 

2.  An  invoice  is  an  account,  or  schedule  of  the  goods 
shipped,  with  the  marks  and  descriptions  of  each  pack- 
age particularly  set  forth.  A  hill  of  lading  is  a  paper 
signed  by  the  master  of  the  vessel,  whereby  he  ac- 
knowledges that  he  has  received  in  good  order,  on 
board  of  his  vessel,  stating  the  place  of  shipment,  and 
the  names  of  the  shipper,  vessel,  and  master,  certain 
specified  goods,  which  he  promises  to  deliver,  in  like 
good  order,  dangers  of  the  seas  excepted,  at  the  place 
and  to  the  person  therein  named,  or  his  assigns,  he  or 
they  paying  a  stated  freight.  Of  these  bills  of  lading, 
one  at  least  is  sent  to  the  consignee,  one  is  retained 
by  the  master,  and  one  by  the  shipper.     One  of  the 


184  DUTIES    AND    DRAWBACKS. 

bills  being  presented  by  the  consignee,  or  the  person  to 
Avhom  he  may  have  assigned  it,  is  authority  to  the 
master  to  deliver  the  goods,  which  he  is  boimd  to  do  on 
payment  of  the  freight. 

3.  On  a  considerable  part  of  the  goods  imported 
into  the  United  States,  certain  duties  are  imposed. 
Formerly,  when  the  amount  of  duties  on  merchandise 
imported  in  any  vessel,  on  account  of  one  person,  or  of 
several  persons  jointly  interested,  did  not  exceed  two 
hundred  dollars,  it  was  required  to  be  paid  in  cash, 
without  discount ;  if  it  exceeded  that  sum,  it  might,  at 
the  option  of  the  importer,  except  in  the  case  of  cer- 
tain goods,  be  paid  in  cash,  w^ith  a  discount,  or  be,  by 
bond,  secured  to  be  paid,  one  half  in  three,  and  one 
half  in  six  calendar  months.  But  of  late  all  duties 
are  required  to  be  paid  in  cash;  and  in  case  the  duties 
are  not  paid  on  completion  of  the  entry,  the  collector 
is  to  cause  the  goods  to  be  deposited  in  the  public  stores, 
and  after  a  certain  time,  if  the  duties  remain  unpaid, 
such  part  of  the  goods  is  sold  as  may  be  necessary  to 
discharge  the  duties,  with  interest,  and  pay  the  charges 
and  expenses. 

4.  Certain  goods  imported  into  the  United  States 
may  be  exported  w^ith  the  benefit  of  dravjback,  or  a  re- 
payment of  duties.  For  all  goods  entitled  to  drawback, 
which  shall  be  exported  from  the  district  into  which 
they  were  originally  imported,  or  from  another  district, 
under  specified  regulations,  the  exporter,  on  complying 
with  the  required  conditions,  may  receive  from  the  col- 
lector of  the  district  in  which  the  duties  have  been 
paid,  a  debenture  for  the  amount  of  the  drawback.  The 
debenture  is  made  payable  in  fifteen  days,  or  at  any 
time  thereafter  wdien  the  goods  shall  be  exported  from 
the  United  States.  But  no  drawback  is  allowed  unless 
they  shall  be  exported  within  three  years  from  the  date 
of  their  importation.  Two  and  a  half  per  cent,  on  the 
amount  of  all  drawbacks  allowed,  and  ten  per  cent,  in  the 
case  of  foreign  refined  sugars,  are  to  be  retained  for  the 
use  of  the  United  States,  by  the  collectors  paying  the 
drawbacks. 


ENTRY    OF    GOODS.  185 

5.  The  owner  or  consignee  of  goods  on  board  of 
any  vessel,  or  his  authorized  agent,  in  his  name,  is  re- 
quired, witliin  fifteen  days  after  the  report  of  the  mas- 
ter of  the  vessel  to  the  collector  of  the  district  for  which 
such  goods  are  destined,  to  make  entry  of  them,  in  wri- 
ting, with  the  collector,  specifying  certain  enumerated 
particulars,  relative  to  the  quantity,  value  and  descrip- 
tion of  the  goods.  He  must  also  produce  to  the  collec- 
tor the  original  invoices  of  the  goods,  in  the  same 
state  in  which  they  were  received,  and  the  bills  of  la- 
ding. The  entry  of  goods  must  be  signed  by  the  per- 
son who  makes  it,  and  verified  by  his  oath.  In  case 
the  entry  is  imperfect,  or  cannot  be  made,  for  want  of 
invoices,  or  bills  of  lading,  or  for  any  other  cause,  the 
goods  are  deposited  in  a  public  storehouse,  there  to  re- 
main, at  the  expense  and  risk  of  the  owner,  until  the 
requisite  particulars  can  be  ascertained,  or  the  proper 
documents  produced. 

6.  Duties  are  either  ad  valorem  or  specific ;  the  for- 
mer being  estimated  according  to  the  value,  the  latter 
according  to  the  quantity  of  the  articles.  For  the  pur- 
pose of  obtaining  accurate  statements  of  the  foreign 
commerce  of  the  United  States,  the  collectors  are 
required  to  keep  separate  accounts  of  the  kinds,  quan- 
tities and  values  of  such  parts  of  the  imports  subject  to 
duties  acl  valorem,  as  may  be  directed  by  the  secretary 
of  the  treasury.  The  kinds  and  quantities  of  all 
imported  articles  free  from  duty,  are  ascertained  by  the 
entry,  or  by  actual  examination  when  deemed  neces- 
sary ;  and  the  values  of  all  such  articles,  as  well  as  of 
all  imported  articles  subject  to  specific  duties,  are 
required  to  be  ascertained  in  the  manner  in  which 
the  values  of  imports  subject  to  duties  ad  valorem  are 
ascertained. 

7.  The  act  of  1842  provides,  that  in  all  cases  where 
there  is  imposed  any  ad  valorem  rate  of  duty  on  goods 
imported  into  the  United  States,  and  in  all  cases  where 
the  duty  imposed  is  directed  to  be  estimated  upon  the 
value  of  the  square  yard,  or  of  any  specified  quantity 
or  parcel  of  the  goods,  the  collector  of  the  district  shall 

16* 


186  LANDING    OF    GOODS. 

cause  the  actual  market  value  or  wholesale  price  of 
them,  at  the  time  when  purchased,  in  the  principal 
markets  of  the  country  from  Avhich  they  were  imported 
into  the  United  States,  or  of  the  yards  or  quantities,  as 
the  case  may  be,  to  be  appraised,  estimated  and  ascer- 
tained. To  the  value  or  i)rice  so  ascertained,  all  costs 
and  charges  are  to  be  added,  except  insurance,  and  in- 
cluding the  usual  charges  for  commissions,  as  the  true 
vahie  at  tiie  port  where  the  goods  may  be  entered, 
upon  Avhich  value  duties  are  to  be  assessed. 

8.  The  appraisers  of  the  United  States,  and  every 
person  acting  as  appraiser,  or  the  collector  and  naval 
officer,  as  the  case  may  be,  are  required,  by  all  reason- 
able ways  and  means  in  their  power,  to  ascertain  the 
actual  market  value  and  wholesale  price  of  the  goods, 
at  the  time  when  purchased,  and  in  the  principal  mar- 
kets of  the  country  whence  they  were  imported  into 
the  United  States,  and  the  quantities  of  them.  But 
when  imported  from  a  country  in  which  they  were  not 
manufactured  or  produced,  the  foreign  value  of  the 
goods  is  to  be  estimated  according  to  the  current  mar- 
ket value  of  similar  articles  at  the  principal  markets  of 
the  country  of  production  or  manufacture,  at  the  time 
of  the  exportation  to  the  United  States.  The  secretary 
of  the  treasury  is  required  from  time  to  time  to  estab- 
lish rules  and  regulations,  not  inconsistent  with  law,  to 
secure  a  just,  faithful  and  impartial  appraisal,  and  just 
and  proper  entries  of  goods  imported. 

9.  Upon  the  entry  of  goods,  it  is  the  duty  of  the  col- 
lector, jointly  with  the  naval  officer,  if  there  is  one, 
otherwise  of  the  collector  alone,  to  make  a  gross  esti- 
mate, as  accurate  as  may  be,  of  the  duties,  when  not 
estimated  and  ascertained  by  appraisers,  on  the  goods 
to  which  the  entry  of  any  owner,  consignee  or  agent 
relates.  The  amount  of  the  estimated  duties  is  to  be 
indorsed  on  the  entry,  and  when  this  amount  has  been 
paid,  and  not  before,  the  collector,  with  the  naval  offi- 
cer, if  any,  grants  a  permit  to  land  the  goods.  This 
permit  must  specify,  as  particularly  as  possible,  the 
goods  to  be  delivered ;  and  no  goods  can  be  delivered 


LANDING    OF    GOODS.  187 

by  any  officer  of  the  customs,  which  do  not  fully  agree 
with  the  description  of  them  in  the  permit. 

10.  The  cargo  is  discharged  under  the  superinten- 
dence of  an  inspector  of  the  customs,  who  is  required  to 
remain  constantly  on  board,  for  that  purpose,  at  all 
times  when  the  dehvery  of  goods  is  lawful.  No  goods 
may  be  unladen  but  between  the  rising  and  setting  of 
the  sun,  except  by  special  license,  nor  at  any  time, 
without  the  proper  permit.  If  at  the  expiration  of  fif- 
teen working  days  after  the  report  of  arrival,  except  in 
certain  cases  where  a  longer  time  is  allowed,  any  goods 
other  than  those  reported  for  another  district  or  foreign 
place,  remain  on  board,  the  inspector  takes  possession 
of  them.  Such  goods  are  kept  in  the  public  store- 
houses, at  the  charge  and  risk  of  the  owner,  for  nine 
months,  if  not  sooner  claimed,  and  are  then  sold  at 
pubUc  auction,  and  the  proceeds,  after  paying  the  du- 
ties and  charges,  are  paid  into  the  treasury  of  the 
United  States,  for  the  owner,  when  he  shall  appear. 

11.  Violations  of  the  provisions  respecting  the  im- 
portation of  goods,  are  punished  sometimes  by  a  fine 
upon  the  party  offending ;  sometimes  the  goods,  in  re- 
ference to  which  the  offence  was  committed,  are  for- 
feited. Of  such  fines,  penalties,  and  forfeitures,  in 
general,  after  deducting  costs  and  charges,  one  half  is 
paid  into  the  national  treasury,  and  the  other  half  dis- 
tributed, in  equal  proportions,  to  the  collector  and  naval 
officer  of  the  district,  and  the  surveyor  of  the  port 
where  the  penalty  or  forfeiture  was  incurred,  or  to  such 
of  those  officers  as  there  may  be  in  the  district.  The 
act  of  1842  provides,  that  any  person  who  shall,  with 
intent  to  defraud  the  revenue,  smuggle  into  the  United 
States,  goods  subject  to  duty,  without  paying  or  ac- 
counting for  the  duty,  or  shall  attempt  to  pass  through 
the  custom  house  any  false  or  fraudulent  invoice,  shall, 
on  conviction,  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  exceeding  two  years,  or  both, 
at  the  discretion  of  the  coiut. 


188  OFFICERS    OF    THE    REVENUE. 

CHAPTER  L. 

OFFICERS    OF    THE    REVENUE. 

1.  For  the  collection  of  duties,  the  United  States 
are  divided  into  collection  districts,  of  which  there  is 
one  at  least  in  each  state,  except  several  of  the  inland 
western  states,  and  some  of  the  states  contain  as  many 
as  twelve  districts.  The  principal  officers  of  the  reve- 
nue are  the  collectors,  naval  officers,  and  surveyors,  who 
are  appointed  by  the  president,  with  the  approval  of 
the  senate,  for  the  term  of  four  years,  but  are  remov- 
able at  the  pleasure  of  the  president.  The  principal 
commercial  districts  have  a  collector,  naval  officer,  and 
surveyor ;  some  of  the  others,  a  collector  and  surveyor, 
but  most  of  them,  only  a  collector.  There  are  also  two 
appraisers  in  the  several  ports  of  Boston,  Philadelphia, 
Baltimore,  Savannah,  Charleston,  and  New  Orleans, 
and  three  in  New  York,  appointed  by  the  president 
and  senate ;  and  the  secretary  of  the  treasury  is  em- 
powered to  appoint  assistant  appraisers  in  New  York, 
Philadelphia,  and  Boston. 

2.  It  is  the  duty  of  the  collector  to  receive  all  reports, 
manifests  and  documents  presented  on  the  entry  of  any 
vessel;  to  record  all  manifests  in  books  kept  for  the 
purpose ;  to  receive  the  entries  of  all  vessels  and  their 
caro^oes ;  to  estimate,  jointly  with  the  naval  officer,  if 
any,  the  amount  of  duties  payable  on  goods  entered; 
to  grant  permits  for  the  unlading  and  delivery  of  goods ; 
to  receive  moneys  paid  for  duties;  and  to  perform 
other  offices.  The  collectors  are  required,  with  the 
approbation  of  the  secretary  of  the  treasury,  to  em- 
ploy proper  persons  as  weighers,  gangers,  measurers 
and  inspectors,  at  the  several  ports  within  their  dis- 
tricts and  to  provide,  at  the  public  expense,  storehouses 
for  the  safe  keeping  of  goods ;  and  they  may,  with  the 
like  approbation,  employ  all  necessary  deputy  collec- 
tors. 


OFFICERS    OF    THE    REVENUE.  189 

3.  It  is  the  business  of  the  naval  ojjicer  to  receive 
copies  of  all  manifests  and  entries ;  together  with  the 
collector,  to  estimate  the  duties  on  all  goods  subject  to 
duty,  and  to  keep  a  separate  record  of  them ;  to  coun- 
tersign all  permits,  clearances,  debentures,  and  other 
documents,  granted  by  the  collector;  and  to  examine 
the  collector's  abstracts  of  duties  and  other  accounts  of 
receipts  and  expenditures,  and  if  found  correct,  to  cer- 
tify them.  At  ports  where  there  is  no  naval  officer,  the 
collector  is  authorized  solely  to  execute  all  the  duties 
in  which,  at  ports  where  a  naval  officer  is  appointed, 
the  cooperation  of  that  officer  is  required. 

4.  The  surveyor  is  required  to  superintend  and  di- 
rect all  inspectors,  weighers,  measurers,  and  gangers, 
within  his  port.  It  is  his  duty  also  to  visit  and  inspect 
the  vessels  which  arrive  at  the  port ;  to  make  a  written 
return  every  morning  to  the  collector,  of  all  vessels 
from  foreign  places  that  have  arrived  during  the  pre- 
ceding day,  with  a  specification  of  sundry  particulars 
in  regard  to  them ;  and  to  put  one  or  more  inspectors 
on  board  each  of  such  vessels  immediately  on  its  arri- 
val. He  is  required,  from  time  to  time,  and  particularly 
tAvice  in  each  year,  to  examine  and  try  the  weights, 
measures,  and  other  instruments  used  in  ascertaining 
the  duties  on  imports ;  and  to  perform  various  other 
acts,  subject  always  to  the  direction  of  the  collector. 
At  ports  where  there  is  no  naval  officer  or  surveyor, 
the  collector  executes,  so  far  as  may  be,  all  the  duties 
appropriate  to  the  three  offices. 

5.  Collectors  are  entitled  to  certain  fees,  and  a 
specified  rate,  varying  from  one  sixth  of  one  to  three 
per  cent,  on  all  duties  received  by  them,  respectively, 
and  where  the  amount  of  duties  is  not  large,  some  ad- 
ditional compensation  in  the  form  of  salary.  Naval 
officers  and  surveyors  are  paid  by  fees,  with  the  addi- 
tion, usually,  of  a  small  annual  salary.  Every  collector, 
naval  officer  and  surveyor  is  required  to  render  to  the 
secretary  of  the  treasury,  under  oath,  a  quarterly  ac- 
count of  all  moneys  received ;  and  whenever  the  aggre- 
gate  amount   of  receipts,  including  all  commissions, 


190  OFFICERS    OF    THE    REVENUE, 

fees,  emoluments  and  salaries,  shall  exceed  six  thou- 
sand dollars  for  a  collector,  or  five  thousand  for  a  naval 
officer,  or  four  thousand  live  hundred  for  a  surveyor,  in 
any  one  year,  after  deducting  the  necessary  expenses 
of  his  office  for  the  same  time,  the  excess  is  to  be  paid 
into  the  public  treasury.  Inspectors  receive  three  dol- 
lars a  day  for  the  time  they  are  employed;  measurers, 
weighers  and  gangers  are  paid  in  proportion  to  the  labor 
they  perform. 

6.  The  appraisers  of  the  United  States  are  required, 
before  entering  upon  the  duties  of  their  office,  to  make 
oath  dihgently  and  faithfully  to  examine  and  inspect 
such  goods  as  the  collector  may  direct,  and  truly  to  re- 
port, to  the  best  of  their  knowledge  and  belief,  the  true 
value  of  them,  according  to  law.  When  an  importer, 
owner,  consignee  or  agent  is  dissatisfied  with  the  ap- 
praisement, if  he  has  complied  with  all  the  established 
requisitions,  he  may  give  notice  of  his  dissatisfaction 
to  the  collector,  who  is  then  required  to  select  tAvo  dis- 
creet and  experienced  merchants,  citizens  of  the  United 
States,  familiar  with  the  character  and  value  of  the 
goods  in  question,  to  examine  and  appraise  them ;  and  if 
they  shall  disagree,  the  collector  is  to  decide  between 
them;  and  the  appraisement  so  made  is  final.  Each  of 
the  regular  appraisers  receives  an  annual  salary  of  fif- 
teen hundred  dollars ;  those  at  New  York,  two  thousand 
dollars.  IMerchants  acting  as  appraisers,  have  five  dol- 
lars a  day. 

7.  The  better  to  secure  the  collection  of  duties, 
the  president  is  authorized  to  employ  a  number  of  reve- 
nue cutters,  the  officers  of  which  are  deemed  officers  of 
the  customs,  and  are  subject  to  the  direction  of  the 
principal  revenue  officers.  The  collectors  may  also 
with  the  approbation  of  the  secretary  of  the  treasury, 
employ  as  many  small,  open,  row  or  sail  boats,  as  may 
be  necessary  for  the  use  of  the  surveyors  and  inspec- 
tors, in  going  on  board  of  vessels,  and  otherwise  for  the 
better  detection  of  frauds.  The  cutters  and  boats  used 
in  the  revenue  service  are  to  be  distinguished  from 
other  vessels  by  an  ensign  and  pennant,  bearing  certain 


EEVENUE.  191 

prescribed  marks.  And  any  vessel  liable  to  examina- 
tion, which  shall  refuse  to  bring  to,  when  required  by  a 
revenue  cutter  or  boat  having  the  proper  pennant  and 
ensign  displayed,  may  lawfully  be  fired  into,  after  a 
gun  has  been  fired  as  a  signal. 

8.  All  collectors,  naval  oflicers,  surveyors,  inspec- 
tors, and  officers  of  revenue  cutters,  may  go  on  board  of 
vessels,  in  any  port  of  the  United  States,  or  within 
four  leagues  of  the  coast,  if  bound  for  the  United 
States,  for  the  purpose  of  demanding  and  certifying  the 
manifests  that  are  required  to  be  on  board,  and  of  ex- 
amining and  searching  the  vessels,  to  every  part  of 
which  they  are  entitled  to  free  access.  The  collector 
of  any  district,  or  the  surveyor  of  any  port  at  which  a 
vessel  may  arrive,  may  put  and  keep  on  board  while 
the  vessel  remains  within  the  district,  and  the  collector 
also  while  it  is  going  from  one  district  to  another,  one 
or  more  inspectors,  to  examine  the  contents  of  the  ves- 
sel, to  superintend  the  delivery  of  the  cargo,  and  to 
perform  other  required  acts,  for  better  securing  the  col- 
lection of  the  duties. 


CHAPTER  LI. 

REVENUE    OF    THE    UNITED    STATES, 

1.  The  revenue  furnishing  the  means  for  carrying 
on  the  government,  is  derived,  at  present,  almost  wholly 
from  custom^s,  or  duties  on  imports,  and  from  sales, 
of  the  public  lands.  These  have  always  been  the  ordi- 
nary and  principal  sources  of  the  public  revenue.  But, 
m  certain  cases,  when  the  necessities  of  the  govern- 
ment have  demanded  it,  as  in  times  of  threatened  or 
actual  war,  and  the  like,  internal  duties  have  been  im- 
posed upon  certain  articles,  and  direct  taxes  laid.  To 
meet  existing  exigencies,  resort  has  frequently  been 
had  to  the  issuing  of  treasury  notes,  and  to  loans.     The 


192  REVENUE. 

debts  and  liabilities  thus  incurred,  have  been  subse- 
quently discharged  with  money  derived  from  the  ordi- 
nary sources  of  revenue,  and  from  internal  and  direct 
taxes. 

2.  In  the  administration  of  Washington,  duties  were 
laid  on  spirits  distilled  within  the  United  States,  and 
on  stills;  on  licenses  for  retailing  wine  and  foreign 
spirits ;  on  sales  at  anction ;  and  on  carrias^es,  and  some 
other  articles.  To  these  was  added,  in  the  administra- 
tion of  John  Adams,  a  duty  on  stamped  vellum,  parch- 
ment and  paper.  All  these  duties  were  repealed  soon 
after  the  accession  of  Mr.  Jefferson  to  the  presidency. 
Dnring  the  war  of  1812,  similar  duties,  and  upon  a 
much  greater  number  of  articles,  were  again  imposed, 
which  were  abohshed  from  the  close  of  the  year  1817, 
or  earlier.  Direct  taxes,  when  imposed,  have  been  as- 
sessed upon  dwelling  houses,  lands  and  slaves.  A  tax 
of  this  kind,  of  two  millions  of  dollars,  was  laid  in  1798. 
In  1813  there  was  another  of  three  millions  of  dollars. 
In  1815  an  act  was  passed  laying  an  annual  tax  of  six 
millions  of  dollars ;  but  the  act  was  repealed  the  next 
year,  and  a  tax  of  half  the  amount  was  imposed  for  that 
year  only. 

3.  The  terms  and  manner  of  issuing  treasury  notes 
have  been  regulated,  in  each  case,  by  the  particular  act 
of  congress  authorizing  the  emission  of  them.  Those 
that  have  been  issued  recently,  are  signed,  on  behalf 
of  the  United  States,  by  the  treasurer,  and  counter- 
signed by  the  register  of  the  treasury,  and  are  made 
redeemable  at  the  treasury  of  the  United  States  after 
the  expiration  of  one  year  from  their  dates ;  from  which 
dates,  for  the  term  of  one  year  only,  they  bear  such  in- 
terest as  is  expressed  upon  the  face  of  the  notes.  For 
their  reimbursement  at  the  time  specified,  the  faith  of 
the  United  States  is  pledged.  These  notes  are  trans- 
ferable by  delivery  and  indorsement.  They  are  used 
for  paying  the  public  debts,  or  money  is  borrowed  on 
the  credit  of  them.  They  are  receivable  in  payment 
of  public  lands  sold,  of  duties  and  taxes  laid  by  the 
Vnited  States,  and  of  debts  due  to  them. 


REVENUE.  193 

4.  When  loans  have  been  made,  the  secretary  of  the 
treasury  has  been  authorized  to  cause  to  be  prepared 
certificates  of  stock,  signed  in  the  manner  prescribed, 
and  to  procure  them  to  be  sold.  The  certificates  bear 
interest,  for  the  punctual  payment  of  which,  and  re- 
demption of  the  stock,  the  faith  of  the  United  States  is 
pledged.  In  July,  1841,  congress  authorized  the  bor- 
rowing of  a  sum  not  exceeding  twelve  millions  of  dol- 
lars, within  one  year  from  that  time.  The  stock  not 
being  readily  taken,  an  act  was  passed  in  April,  1842, 
extending  the  time  for  obtaining  the  loan  for  one  year 
from  the  passage  of  the  act,  and  authorizing  an  addition 
of  five  millions  of  dollars  to  the  amount.  It  was  provi- 
ded, that  so  much  of  the  loan  as  should  be  obtained 
after  the  passage  of  the  act  in  question,  should  be  re- 
imbursable as  agreed  upon  at  the  time  of  issuing  the 
stock,  either  at  the  will  of  the  secretary  of  the  treasury, 
after  six  months'  notice,  or  at  any  time  not  exceeding 
twenty  years  from  the  1st  of  January  then  next. 

5.  The  proceeds  of  sales  of  the  public  lands  have 
constituted  an  important  item  of  the  revenue  of  the 
United  States.  The  whole  amount  received  into  the 
national  treasury  from  this  source,  from  the  earliest 
period  of  sales  to  the  year  1842,  exceeded  one  hundred 
millions  of  dollars.  In  1833,  a  bill  to  appropriate  the 
proceeds  of  the  public  lands  among  the  states,  for  the 
term  of  five  years,  passed  both  houses  of  congress,  but 
it  was  retained  by  the  president,  at  the  close  of  the 
session,  and  did  not  become  a  law.  The  receipts  from 
the  public  lands  during  the  two  years  1835  and  1836, 
amounted  to  nearly  forty  millions  of  dollars  ;  thus  pro- 
ducing a  large  surplus  of  money  in  the  treasury,  for 
which,  as  the  public  debt  was  then  all  paid,  the  govern- 
ment had  no  immediate  use. 

6.  In  1836  it  was  enacted  by  congress,  that  the 
money  which  should  be  in  the  treasury  on  the  1st  of 
January,  1837,  resei-ving  five  millions  of  dollars,  should 
be  deposited,  in  proportion  to  their  respective  represen- 
tation in  the  senate  and  house  of  representatives,  with 
the  several  states  which  should  authorize  the  reception 

17 


194  REVENUE. 

of  it  in  the  mode  prescribed.  The  faith  of  the  state 
was  to  be  pledged  for  the  safe  keeping  and  payment  of 
the  money,  which,  when  wanted,  was  to  be  called  for  in 
ratable  proportions  from  the  different  states,  and  in  snms 
not  exceeding  ten  thousand  dollars  from  any  state,  in  a 
month,  without  thirty  days'  previous  notice  for  every 
additional  sum  of  twenty  thousand  dollars.  The  de- 
posits were  to  be  made  in  four  quarterly  instalments. 
The  first  three  instalments,  amounting  to  upwards  of 
twenty-eight  millions  of  dollars,  were  deposited ;  but 
owing  to  an  impending  or  actual  deficiency  in  the  treas- 
ury, the  transfer  of  the  fourth  instalment  was  post- 
poned, and  has  never  been  made. 

7.  At  the  extra  session  of  congress,  in  1841,  an  act 
was  passed  providing  for  the  distribution  of  the  net 
proceeds  of  the  public  lands,  after  paying  ten  per  cent, 
to  the  several  states  in  which  the  lands  sold  were  situ- 
ated, among  the  several  states  and  territories,  and  the 
District  of  Columbia,  in  proportion  to  their  respective 
federal  population.  There  was  ingrafted  upon  this  act 
a  proviso,  that  the  distribution  should  be  suspended 
whenever  the  rate  of  duties  on  any  imports  should  be 
raised  above  twenty  per  cent.  As  the  tariff  has  since 
been  remodelled,  and  duties  imposed  on  some  articles 
exceeding  twenty  per  (?ent.,  the  act  is  rendered  wholly 
nugatory.  A  bill  was  passed  by  congress,  in  1842,  to 
repeal  the  proviso  in  question,  but  it  failed  of  becoming 
a  law,  having  been  retained  by  the  president,  at  the 
close  of  the  session. 

8.  By  far  the  greatest  part  of  the  revenue  of  the 
United  States  is,  and  always  has  been,  derived  from 
customs.  Ever  since  the  government  went  into  opera- 
tion under  the  constitution,  duties  have  been  levied 
upon  imports,  for  the  purpose  of  defraying  the  expenses 
of  government,  paying  the  public  debts,  and  the  like. 
Changes  have  been  made,  from  time  to  time,  in  regard 
to  the  rates  of  duties,  and  the  articles  on  which  they 
have  been  imposed,  according  to  the  ends  that  were 
designed  to  be  answered.  The  leading  object,  in  the 
imposition  of  these  duties,  has  always  been,  the  raising 


TARIFF.  195 

of  revenue  to  meet  the  wants  of  the  government.  A 
secondary,  but  very  important  object,  at  least  for  the 
last  twenty -five  years,  has  been,  to  protect  and  encour- 
age domestic  industry  and  manufactures ;  and  the  sev- 
eral tariffs  that  have  been  adopted  w-ithin  the  period 
named,  have  been  constructed  with  reference  to  this 
object. 

9.  A  tariff  of  duties  was  settled  in  1816.  The  sys- 
tem was  revised  and  rearranged  in  1824,  and  again  in 
1828 ;  and,  at  each  of  these  times,  the  duties  were 
somewhat  increased.  In  1832,  the  whole  scheme  was 
adjusted  anew.  The  public  debt  being  then  nearly  ex- 
tinguished, the  duties  were  considerably  reduced,  and  a 
much  larger  proportion  of  the  importations  than  before, 
to  the  amount  of  about  one  half,  Avas  made  free.  Ow- 
ing to  the  disaffection  which  prevailed  in  the  southern 
states,  and  particularly  in  South  Carolina,  towards  this 
tariff,  on  account  of  its  protective  character,  an  act  was 
passed  at  the  next  session  of  congress,  in  1833,  which 
was  designed  to  settle  difierences  by  way  of  mutual 
concession,  and  which  has  commonly  been  known  as 
the  compromise  act. 

10.  By  this  act  it  was  provided,  that  after  the  31st 
of  December,  1833,  in  all  cases  where,  by  any  act  of 
congress,  duties  were  imposed  on  foreign  imports,  ex- 
ceeding twenty  per  cent,  on  the  value  of  them,  one 
tenth  part  of  such  excess  should  be  deducted ;  that 
another  tenth  part  should  be  deducted  after  the  31st  of 
December  of  every  second  year  thereafter,  until  the 
year  1841,  when  one  half  the  residue  of  such  excess 
should  be  deducted,  and  the  remaining  half  after  the 
30th  of  June,  1842.  The  act  further  declared,  that  after 
the  same  30th  of  June,  all  duties  on  imports  should 
be  collected  in  ready  money;  that  duties  should  be 
laid  for  the  purpose  of  raising  such  revenue  as  might  be 
necessary  to  an  economical  administration  of  the  gov- 
ernment ;  and  that  the  duties  upon  goods  should  be 
assessed  upon  the  value  of  them  at  the  port  where  en- 
tered, under  such  regulations  as  might  be  prescribed  by 


196  EXPENDITURES. 

law.     The  time  specified  expired  without  any  regula- 
tions having  been  prescribed. 

11.  Subsequently,  an  act  was  passed,  which  was 
approved  on  the  30th  of  August,  1842,  by  which  the 
whole  system  of  duties  was  revised  and  readjusted, 
and  anew  tariff  established.  The  duties  imposed  by 
this  act  are  partly  ad  valorem  and  partly  specific.  The 
ad  valorem  duties  range  from  one  to  fifty  per  cent. 
There  is  a  list  of  articles,  but  considerably  less  numer- 
ous than  under  the  act  of  1832,  which  are  exempt  from 
duty.  This  act  provides,  as  has  usually  been  the  case, 
that,  where  there  is  no  special  regulation,  an  addition 
of  ten  per  cent,  shall  be  made  to  the  estabhshed  rates 
of  duties,  in  respect  to  goods  imported  in  vessels  not  of 
the  United  States ;  and  a  further  addition  of  ten  per 
cent,  on  those  imported  from  places  east  of  the  Cape  of 
Good  Hope,  in  foreign  vessels ;  unless  such  goods  be 
entitled,  by  treaty  or  act  of  congress,  to  be  entered  upon 
the  payment  of  the  same  duties  which  are  imposed  on 
goods  imported  in  vessels  of  the  United  States. 

12.  l^\ie  expenditures  o^ the  Vniiedi  States,  exclusive 
of  the  payment  of  the  public  debt,  and  the  redemption 
of  treasury  notes,  are  commonly  classed  under  three 
general  heads.  The  first  of  these  comprises  the  civil 
list,  foreign  intercourse,  and  miscellaneous  ;  the  second, 
the  military  service,  including  fortifications,  Indian  af- 
fairs, pensions,  arming  the  militia,  internal  improve- 
ments, and  building  armories  and  arsenals ;  the  third, 
the  naval  sei"\dce,  including  the  gradual  improvement 
of  the  navy.  The  funds  of  the  post  office  department 
pass  through  the  treasury  of  the  United  States,  but  the 
accounts  of  that  department  are  kept  distinct  and  sepa- 
rate from  the  others.  There  are  also  certain  trust  funds, 
such  as  money  received  from  foreign  nations,  for  indem- 
nities, or  in  compensation  for  spoliations  and  injuries 
done  to  the  property  of  citizens  of  the  United  States, 
which  are  paid  into  the  national  treasury  and  disbursed 
from  it. 


MINT.  197 


CHAPTER  LII. 

THE    MINT,    AND    MONEY. 

1.  The  power  to  coin  money  and  regulate  the  val- 
ue of  it  and  of  foreign  coin,  is  vested  in  congress,  by 
the  constitution;  and  by  the  same  instrument  the 
states  are  prohibited  from  coining  money  or  making 
anything  but  gold  and  silver  coin  a  tender  in  payment 
of  debts.  A  mint,  for  the  purpose  of  a  national  coin- 
age, was  established  at  Philadelphia,  and  went  into  op- 
eration in  1793.  Recently,  branches  have  been  estab- 
lished, one  at  New  Orleans,  for  coining  gold  and  silver ; 
and  one  at  Charlotte,  in  North  Carolina,  and  another  at 
Dahlonega,  in  Georgia,  both  exclusively  for  the  coin- 
age of  gold.  These  branches  all  commenced  opera- 
tions in  1838.  The  avowed  object  of  their  establish- 
ment was,  to  increase  the  metallic  currency  of  the 
country.     But  there  has  been  little  occasion  for  them. 

2.  The  mint  at  Philadelphia,  in  each  of  the  years  1 834 
and  1836,  coined  upwards  of  seven  millions  of  dollars; 
and  it  is  stated  by  the  director  to  be  capable  of  a 
coinage  of  twelve  millions  a  year.  Since  the  establish- 
ment of  the  branches,  the  entire  coinage  of  the  mint 
and  branches,  in  one  year,  a  little  exceeded  four  millions 
of  dollars;  in  every  other  year,  it  has  fallen  short  of 
that  sum.  The  whole  expense  attending  the  three 
branch  mints,  to  the  end  of  the  year  1841,  exceeded 
eight  hundred  thousand  dollars.  The  total  amount 
of  coinage  at  them  all,  to  the  same  time,  was  a  little 
less  than  three  millions  of  dollars ;  which,  as  estimated 
by  the  director,  might  have  been  coined  at  the  prin- 
cipal mint  at  an  additional  expense  to  that  establish- 
ment of  about  four  thousand  dollars. 

3.  The  principal  officers  of  the  mint  at  Philadelphia 
are,  a  director,  who  has  the  control  and  regulation  of  the 
mint  and  its  branches ;  a  treasurer,  who  keeps  the  ac- 
counts of  the  mint,  and  pays  all  moneys  due  by  it,  on 

17# 


198  COINAGE. 

warrants  from  the  director,  and  on  like  warrants  deliv- 
ers to  the  proper  persons  all  coins  struck  at  the  mint; 
an  assayer,  whose  duty  it  is  carefully  to  assay,  or  try  all 
metals  used  in  coinage,  when  required,  and  also  to  make 
assays  of  coins  ;  a  melter  and  refiner,  who  executes  all 
the  operations  necessary  in  order  to  form  ingots  of 
standard  silver  or  gold;  a  chief  coiner ,  who  executes  all 
the  operations  required  in  order  to  form  coins  from  the 
standard  silver  and  gold  ingots,  and  copper  planchets ; 
and  an  engraver,  who  prepares  and  engraves,  with  the 
legal  devices  and  inscriptions,  all  the  dies  used  in  the 
coinage.  These  officers,  as  well  as  the  principal  offi- 
cers of  the  branch  mints,  are  appointed  by  the  presi- 
dent with  the  approval  of  the  senate. 

4.  The  present  standard  for  gold  and  silver  coins  of 
the  United  States  is  such,  that  of  ten  parts  by  weight, 
nine  are  of  pure  metal  and  one  of  alloy.  The  alloy 
of  the  silver  coins  is  of  copper,  that  of  the  gold  coins, 
of  copper  and  silver,  the  silver  not  to  exceed  one  half 
of  the  whole  alloy.  All  the  gold  coins  of  the  United 
States,  consisting  of  the  eagle,  half  eagle,  and  quarter 
eagle ;  and  the  silver  coins,  consisting  of  the  dollar,  half 
dollar,  quarter  dollar,  dime  and  half  dime,  are  legal 
tenders  of  payment,  according  to  their  nominal  value, 
respectively.  Cents  and  half  cents  pass  current  as 
money,  and  no  other  copper  pieces  may  be  paid,  or 
offered  to  be  paid,  or  received  in  payment,  under  a 
penalty  of  ten  dollars. 

5.  All  coins  are  required  to  be  of  a  specified  weight, 
and  to  be  stamped  with  the  prescribed  devices  and 
legends.  To  secure  due  conformity  in  the  gold  and 
silver  coins  to  their  respective  standard  fineness  and 
weight,  an  annual  trial  is  made  of  a  certain  number  of 
pieces  of  each  variety,  before  commissioners  appoint- 
ed for  the  purpose.  Gold  is  coined  most  into  half 
eagles ;  and  from  1804  to  1838  no  eagles  were  coined. 
Of  the  silver  coinage,  by  far  the  greatest  part  in  value 
is  in  half  dollars.  No  dollars  were  coined  from  1805 
to  1836.  The  whole  coinage  from  the  commencement 
of  operations  to  the  end  of  the  year  1841,  amounted, 


FOREIGN    COINS.  199 

in  value,  to  about  eighty-six  millions  of  dollars,  ma- 
king in  all  nearly  two  hundred  and  sixty  millions  of 
pieces.  Some  portion  of  this  money,  however,  has  been 
recoined,  particularly  of  the  gold  coins,  the  standard 
weight  of  which,  since  the  31st  of  July,  1834,  has 
been  somewhat  reduced. 

6.  Gold  and  silver  bullion  brought  to  the  mint, 
is  received  and  coined  for  the  depositor,  at  a  low  rate 
of  charges.  The  greater  part  of  the  metal  used  for 
coinage  consists  of  foreign  coins.  A  portion  of  the  gold 
is  furnished  by  some  of  the  southern  states,  chiefly 
North  Carolina,  Georgia,  Virginia,  and  South  Carolina. 
Gold,  in  small  quantities,  was  sent  to  the  mint  from 
North  Carolina  as  early  as  1804;  and  from  that  state 
only,  till  1829,  when  deposits  began  to  be  made  from 
other  states.  By  the  end  of  the  year  1841,  gold  of  the 
United  States  had  been  received  at  the  mint  and 
its  branches,  amounting  to  nearly  seven  millions  of 
dollars.  It  has  been  estimated,  that  little  more  than 
half  of  the  gold  produced  from  the  mines  of  the 
United    States   is  brought  to  the  mint. 

7.  Certain  foreign  coins  have  been  made  legal  ten- 
der of  payment,  by  acts  of  congress.  Such  are  Spanish 
milled  dollars  of  a  specified  weight,  at  the  rate  of  one 
hundred  cents  for  each,  and  in  proportion  for  the  parts 
of  a  dollar.  So  also,  if  they  be  of  the  required  weight 
and  fineness,  dollars  of  Mexico,  Peru,  Chili,  and  Central 
America,  and  those  restamped  in  Brazil,  pass  current 
as  money,  by  tale,  at  the  rate  of  one  hundred  cents  to 
the  dollar :  and  the  five  franc  pieces  of  France,  at  the 
rate  of  ninety- three  cents  each.  The  gold  coins  of 
Great  Britain,  Portugal,  Brazil,  France,  Spain,  Mexico, 
and  Colombia,  of  the  prescribed  fineness,  are  receiva- 
ble in  all  payments,  by  weight,  at  certain  fixed  rates. 
The  pound  sterling  of  Great  Britain,  (which  is  not  a 
coin,  but  a  sum,)  in  all  payments  by  or  to  the  treasury 
of  the  United  States,  and  in  appraising  merchandise 
imported,  is  estimated  at  four  dollars  and  eighty-four 
cents. 


200  CORPORATIONS. 

CHAPTER  LIIL 

CORPORATIONS. 

1.  A  CORPORATION  is  composed  usually  of  several 
individuals,  who  subsist  as  a  body  politic,  under  a  par- 
ticular name,  and  are  vested  with  the  capacity  of  per- 
petual succession,  and  of  acting,  for  many  purposes,  as 
a  single  individual.  The  design  of  these  associations 
is,  to  enable  the  members  to  act  with  concentrated 
effort  and  will,  and  to  continue  their  joint  powers  and 
property  in  the  same  body,  without  the  inconvenience 
arising  from  constant  changes  and  conveyances.  The 
will  of  the  corporation  is  collected  from  the  sense  of 
the  majority  of  the  members.  And  whatever  changes 
in  its  constituent  parts  may  be  occasioned  by  the  death 
or  change  of  any  of  the  individual  members,  the  corpo- 
ration itself  remains  the  same,  all  the  members  from 
first  to  last  being  considered  in  law  as  one  person,  and 
that  person,  so  long  as  the  succession  is  kept  up,  never 
dies. 

2.  Corporations  are  of  various  kinds.  There  are 
some  which  are  established  by  the  government  for  par- 
ticular specified  objects  of  a  public  or  political  nature. 
Such  are  counties,  towns,  cities,  parishes,  school  dis- 
tricts and  the  hke,  wherever  they  exist.  Corporations 
of  this  kind  may  be  authorized  to  hold  private  property 
for  municipal  uses.  Being  created  for  local  and  politi- 
cal purposes  connected  with  the  public  good,  they  may 
be  altered  or  abolished  at  the  will  of  the  legislature, 
saving  always  to  the  rightful  owners,  the  property,  if 
any,  belonging  to  the  corporation.  No  civil  action  lies 
against  such  communities,  unless  it  be  given  by  stat- 
ute ;  and  then,  as  they  have  in  general  no  corporate 
fund,  each  inhabitant  is  said  to  be  liable  to  satisfy  the 
fudgment  that  may  be  obtained,  and  whoever  pays  it 
has  a  right  to  contribution  from  the  others. 


CORPORATIONS.  201 

3.  Civil  corporations  of  a  private  nature  include 
banks,  the  stock  of  which  is  owned  wholly  or  in  part 
by  private  persons,  insurance,  manufacturing,  turnpike 
and  rail  road  companies,  and  others  of  a  similar  descrip- 
tion. Such  companies  are  created  by  acts  of  incorpo- 
ration, granted  by  the  legislature.  These  charters  of 
incorporation  are  in  the  nature  of  contracts  between 
the  government  and  the  company,  and  as  such  they 
are  not  ordinarily  subject  to  legislative  interference, 
during  the  term  for  which  they  were  granted.  The 
members  of  incorporated  companies  are  not  in  general 
personally  responsible  for  the  debts  of  the  company, 
though  in  particular  cases,  and  to  a  certain  extent,  they 
are  made  so  by  special  provisions  of  law. 

4.  The  manner  in  which  incorporated  companies,  in 
this  country,  are  established,  is  substantially  as  follows. 
A  number  of  persons  associate  themselves  together 
and  obtain  from  the  legislature  an  act  of  incorporation, 
granting  them  the  requisite  powers,  and  conferring 
upon  them  a  certain  corporate  name.  The  capital 
stock,  or  money  to  be  paid  in  as  the  fund  with  which 
the  particular  business  is  to  be  carried  on,  is  divided 
into  a  given  number  of  shares,  which  are  taken  up  by 
such  individuals  as  choose  to  become  stockholders,  and 
which  may  be  sold  and  transferred  in  the  mode  pre- 
scribed. The  stockholders  choose  a  board  of  directors, 
who  appoint  one  of  their  number  president;  and  also 
choose  such  other  officers  as  are  necessary. 

5.  Banks  are  properly  of  three  kinds,  or  they  per- 
form three  distinct  offices.  Banks  of  deposit  are  such 
as  receive  money  to  keep  for  the  depositor  until  he 
demands  it,  either  personally  or  by  his  order.  Banks 
of  discount  loan  money  upon  promissory  notes,  bills  of 
exchange,  and  other  securities.  Notes  and  bills,  for 
this  purpose,  are  not  upon  interest,  but  are  made  pay- 
able at  a  future  day,  and  the  interest  from  the  time 
when  the  money  is  advanced  to  the  time  when  it  falls 
due,  is  deducted  from  the  sum  advanced,  which  is 
called  disco'unting.  Banks  of  circulation,  in  discounting 
paper,  as  it  is  termed,  or  loaning  money  upon  promis- 


202  CORPORATIONS, 

sory  notes  and  the  like,  issue  bills  or  notes  of  their  own, 
instead  of  advancing  the  amount  in  specie.  In  this 
country,  these  three  different  offices  are  combined,  and 
are  all  performed  by  the  same  institution. 

6.  The  stockholders  in  banks  are  compensated  for 
the  use  of  their  money  by  the  interest  received  for 
money  loaned  by  the  bank,  out  of  which  a  dividend  is 
declared  and  paid,  usually  half  yearly,  of  so  much  per 
cent,  on  the  stock.  Each  bank  issues  its  bills,  which 
are  in  fact  promissory  notes,  made  in  the  name  of  the 
president,  directors,  and  company  of  the  bank,  signed 
by  the  president  and  cashier,  and  payable  to  a  specified 
individual,  or  the  bearer  of  them,  on  demand.  These 
bills  the  bank  uses  and  pays  out  as  money,  and  the 
holders  of  them  may  at  any  time  present  them  at  the 
bank  and  demand  the  amount  in  specie  ;  and  so  long 
as  a  bank  can  redeem  its  bills,  they  are  good  and  pass 
current  as  cash. 

7.  When  money  is  deposited  in  a  bank,  it  is  entered 
in  the  books  of  the  bank  to  the  credit  of  the  depositor, 
and  usually  also  in  a  small  memorandum  book,  to  be 
kept  by  the  depositor,  called  his  hank  hook.  When  he 
wishes  to  draw  out  any  part  of  his  money,  he  addresses 
to  the  cashier  a  written  order,  denominated  a  check,  to 
pay  such  a  sum  to  the  bearer.  The  checks,  when  paid, 
are  usually  perforated  in  a  particular  manner,  so  that 
they  would  be  detected  by  the  officers  of  the  bank,  if 
again  presented  for  payment.  At  the  end  of  ever}'-  month, 
commonly,  the  account  between  the  bank  and  the  de- 
positor is  settled,  and  the  balance  carried  to  the  next 
month;  and  the  checks  that  have  been  drawn  by  the 
depositor  and  paid  during  the  month,  are  given  up  to 
him. 

8.  Insurance  is  a  contract  by  which  one  party,  in 
consideration  of  a  stipulated  premium,  engages  to  in- 
demnify another  from  loss  or  damage  arising  upon  the 
happening  of  an  uncertain  event,  provided  for  in  the 
policy.  The  instrument  by  which  the  contract  is  ef- 
fected is  called  a  policy.  The  party  who  undertakes 
for  the  indemnity  is  called  the  insurer  or  underwriter. 


CORPORATIONS. 


203 


the  other,  the  insured.  In  this  country,  the  business 
of  insurance  is  conducted  chiefly  or  wholly  by  incorpo- 
rated companies.  Mutual  fire  insurance  companies 
are  common,  consisting  of  associations  of  individuals. 
Each  member  of  the  company,  on  paying  into  the 
treasury  a  certain  per  cent,  upon  the  amount  of  his 
property  insured,  and  giving  a  note  for  an  additional 
sum,  receives  a  policy  from  the  association,  running  a 
stated  number  of  years.  Losses  are  paid  from  the 
money  in  the  treasury,  and  when  needed,  assessments 
are  made  upon  the  premium  notes. 

9.  Marine  insurance  is  an  agreement  to  indemnify 
the  owners  of  vessels  and  other  property  at  sea,  against 
■  certain  sea  risks  and  perils.    Fire  insurance  is  a  contract 

of  indemnity  against  losses  which  a  person  may  sustain 
in  his  buildings,  furniture  and  goods,  mentioned  in  the 
policy,  by  means  of  fire  happening  during  the  term  of 
the  insurance.  In  either  of  these  cases  the  party  in- 
sured must  have  an  interest  in  the  property  lost,  at  the 
time  of  insuring  and  of  the  loss,  to  entitle  him  to  re- 
cover on  his  policy.  Accordingly,  if  the  property  be 
sold  during  the  term,  the  insurance  is  at  an  end.  But 
there  is  generally  provision  by  which,  with  the  consent 
of  the  insurer,  or  in  some  other  prescribed  mode,  the 
policy  may  be  assigned  to  the  purchaser  of  the  prop- 
erty, and  be  good  to  him  for  the  residue  of  the  term. 

10.  Life  insurance  is  a  contract  whereby  the  insurer, 
in  consideration  of  a  sum  in  gross,  or  of  certain  periodi- 
cal payments,  engages  to  pay  the  person  for  whose 
benefit  the  insurance  is  made,  a  specified  sum  or  an 
annuity,  upon  the  death  of  the  person  whose  life  is 
insured,  within  the  term  of  the  insurance ; .  which  term 
may  be  for  the  whole  life  of  the  party,  or  for  a  limited 
time.  The  object  of  such  insurance  is  usually  to  pro- 
vide a  fund  for  creditors  or  for  family  connections,  in 
case  of  the  death  of  the  person  insured.  The  party  in- 
suring must  have  an  interest  in  the  life  insured.  A 
creditor  may  insure  the  life  of  his  debtor  to  the  extent 
of  his  debt ;  and  a  person  may  insure  his  own  fife  for 
the  benefit  of  his  creditors  or  relatives. 


STATISTICAL  TABLES. 


Times  when  the  State  Constitutions  were  formed,  and  when 
revised;  and  qualifications  required  for  Electors. 


States. 

ConstituUons. 

aualifications  of  Electors.  J 

Formed.   Revised* 

Color, 

Residence  in  the 

Payment  of 
Tales,  &c. 

State. 

Town.&c. 

Maine, 

1819 

3mos. 

resid't 

N.  Hampshire; 

1784 

1792 

6mos. 

3mos. 

Vermont, 

1793 

1836 

1  year 

resid't 

Massachusetts, 

1780 

1821 

1  year 

6mos. 

Taxes. 

Rhode  Island,! 

1663 

3mos. 

Freehold. 

Connecticut, 

1818 

1836 

White 

6mos. 

Taxes. 

New  York, 

1777 

1821 

1  year 

6mos. 

New  Jersey, 

1776 

White 

1  year 

Taxes. 

Pennsylvania, 

1790 

1838 

White 

1  year 

10  d's. 

Taxes. 

Delaware, 

1792 

1831 

White 

1  year 

1  mo. 

Taxes. 

Maryland, 

1776 

1837 

White 

1  year 

6mos. 

Virginia, 

1776 

1830 

White 

1  year 

Taxes. 

N.  Carolina, 

1776 

1835 

White 

1  year 

Freehold. 

S.  Carolina, 

1790 

1808 

White 

2  y'rs. 

6mos. 

Georgia, 

1777 

1798 

6mos. 

Taxes. 

Alabama, 

1819 

White 

1  year 

3mos. 

Mississippi, 

1817 

1832 

White 

1  year 

4mos. 

Tennessee, 

1796 

1834 

White 

6mos. 

Kentucky, 

1790 

1799 

White 

2y.  or 

1  year 

Ohio, 

1802 

White 

1  year 

resid't 

Taxes. 

Michigan, 

1835 

White 

6mos. 

resid't 

Indiana, 

1816 

White 

1  year 

resid't 

Illinois, 

1818 

White 

6mos. 

resid't 

Missouri, 

1820 

White 

1  year 

3mos. 

Arkansas, 

1836 

White  6mos. 

resid't 

Louisiana, 

1812  1 

White 

1  year 

Taxes. 

*  At  these  dates,  most  of  these  Constitutions  underwent  a  general  re- 
vision, by  conventions.  Some  of  these,  and  of  the  others,  have  been 
amended,  in  regard  to  particular  provisions,  at  other  times. 

t  This  State  has  continued  under  the  Charter  of  Charles  II. 

X  In  all  the  States,  electors  are  required  to  be  mcde  citizens,  or  in  New 
Jersey  and  Illinois,  inhabitants ,  21  years  of  age,  or  upwards. 

18 


206 


LEGISLATURES. 


II.  Statement  of  the  required  age  and  period  of  residence,  and 
the  terms  of  office,  in  years,  with  the  numbers  and  daily  pay  of 
Senators  and  Representatives. 


States  and  Territories. 

Senators. 

Representative*. 

Pay. 

c 

•si 

. 

.s 

.9   . 

.si 

. 

1 

a, 

■< 

M 

^1 

i 

a 
Z 

il 

& 

1 

1 

$ 

United  States, 

30 

6 

52 

25 

2 

223 

8.00 

Maine, 

25 

1 

H 

1 

31 

21 

1 

M 

1 

200 

2.00 

N.  Hampshire,*' 

30 

^ 

1 

12 

2 

1 

250 

2.00 

Vermont, 

30 

2 

1 

1 

30 

21 

2 

'  1 

1 

233 

1.50 

Massachusetts, 

5 

1 

40 

1 

1 

356 

2.00 

Rhode  Island,* 

}4 

1 

10 

% 

K 

72 

1.50 

Connecticut,! 

21 

}£ 

1 

21 

21 

yi 

1 

208 

1.50 

New  York  * 

4 

32 

1 

128 

3.00 

New  Jersey, ^'^ 

1 

1 

14 

1 

1 

50 

3.00 

Pennsylvania, 

25 

4 

1 

3 

33 

21 

3 

1 

1 

100 

3.00 

Delaware,* 

27 

3 

1 

4 

9 

24 

3 

1 

2 

21 

3.00 

Maryland, 

25 

3 

6 

21 

21 

1 

1 

78 

4.00 

Virc^inia,* 

30 

4 

32 

25 

1 

134 

4.00 

N.  Carolina,* 

1 

2 

50 

1 

2 

120 

3.00 

S.  Carolina,* 

30 

5 

4 

45 

21 

3 

2 

124 

4.00 

Georgia,* 

25 

3 

1 

1 

93 

21 

3 

1 

1 

207 

4.00 

Alabama, 

27 

2 

1 

3 

33 

21 

2 

1 

1 

100 

4.00 

Mississippi, 

30 

4 

1 

4 

30 

21 

2 

1 

2 

91 

3.00 

Tennessee, 

30 

3 

1 

2 

25 

21 

3 

1 

2 

75 

4.00 

Kentucky, 

35 

6 

1 

3 

38 

24 

2 

1 

1 

100 

3.00 

Ohio,t 

30 

2 

2 

36 

25 

1 

1 

72 

3.00 

Michigan, 

21 

K 

2 

18 

21 

% 

1 

53 

3.00 

Indiana,! 

25 

2 

1 

3 

50 

21 

1 

1 

100 

2.00 

Illinois,! 

25 

1 

4 

40 

21 

1 

2 

91 

3.00 

Missouri,! 

30 

4 

1 

4 

18 

24 

2 

1 

2 

49 

3.00 

Arkansas, 

30 

1 

4 

17 

25 

2 

54 

3.00 

Louisiana,* 

27 

4 

1 

4 

17 

21 

2 

1 

2 

60 

6.00 

Florida, 

1 

2 

11 

1 

29 

4.00 

Wisconsin, 

4 

13 

2 

26 

3.00 

Iowa, 

2 

13 

1 

26 

3.00 

*  Senators^  in  New  York  and  Delaware,  and  Senators  and  Represen- 
tatives in  the  rest  of  these  States,  must  possess  a  specified  amount  of 
property,  usually  a  part  or  the  whole  of  it  to  be  freehold. 

t  In  these  States,  Senators  and  Representatives  are  required  to  have 
paid  a  State  or  County  tax. 

X  Senators,  in  Connecticut,  receive  $2  a  day ;  Representatives,  $1,50. 


ELECTIONS    AND    LEGISLATIVE    SESSIONS. 


207 


III.     Statement  of  the  times  of  holding  the  General  Elections,  and 
the  times  of  meeting  of  the  Legislatures. 


Meetings  of  Legislatures. 

St&tcs  &.nd  Xeiritoricfl* 

Times  of  Elections. 

Times. 

Periods. 

United  States,* 

1st  Mond.  Dec. 

Annually. 

Maine, 

2d  Mond.  Sept. 

1st  Wedn.  Jan. 

Annually. 

New  Hampshire, 

2d  Tues.  Mar. 

1st  Wedn.  June. 

Annually. 

Vermont, 

1st  Tues.  Sept. 

2d  Thurs.  Oct. 

Annually. 

Massachusetts, 

2d  Mond.  Nov. 

1st  Wedn.  Jan. 

Annually. 

Rhode  Island, 

3d  Wedn.  Apr.t 

IstWedn.Mayt 

Semi-ann. 

Connecticut, 

1st  Mond.  Apr. 

1st  Wedn.  May. 

Annually. 

New  York, 

1st  Mond.  Nov. 

1st  Tues.  Jan. 

Annually. 

New  Jersey, 

2d  Tues.  Oct. 

4th  Tues.  Oct. 

Annually. 

Pennsylvania, 

2d  Tues.  Oct. 

1st  Tues.  Jan. 

Annually. 
Biennially. 

Delaware, 

2d  Tues.  Nov. 

1st  Tues.  Jan. 

Maryland, 

1st  Wedn.  Oct. 

1st  Mond.  Dec. 

Annually. 

Virginia, 

4th  Thurs.  Apr. 

1st  Mond.  Dec. 

Annually. 

North  Carolina, 

1st  Thurs.  Aug. 

2d  Mond.  Nov. 

Biennially. 

South  Carolina, 

2d  Mond.  Oct. 

4th  Mond.  Nov. 

Annually. 

Georgia, 

1st  Mond.  Oct. 

1st  Mond.  Nov. 

Annually. 

Alabama, 

1st  Mond.  Aug. 

1st  Mond.  Nov. 

Annually. 
Biennially. 

Mississippi, 

1st  Mond.  Nov. 

1st  Mond.  Jan. 

Tennessee, 

1st  Thurs.  Aug. 

1st  Mond.  Oct. 

Biennially. 

Kentucky, 

1st  Mond.  Aug. 

1st  Mond.  Dec. 

Annually. 

Ohio, 

2d  Tues.  Oct. 

1st  Mond.  Dec. 

Annually. 

Michigan, 

1st  Mond.  Nov. 

1st  Mond.  Jan. 

Annually. 

Indiana, 

1st  Mond.  Aug. 

1st  Mond.  Dec. 

Annually. 

Illinois, 

1st  Mond.  Aug. 

1st  Mond.  Dec. 

Biennially. 

Missouri, 

1st  Mond.  Aug. 

1st  Mond.  Nov. 

Biennially. 

Arkansas, 

1st  Mond.  Oct. 

1st  Mond.  Nov. 

Biennially. 

Louisiana, 

1st  Mond.  July. 

1st  Mond.  Jan. 

Annually. 

Florida, 

2d  Mond.  Oct. 

1st  Mond.  Jan. 

Annually. 

Wisconsin, 

1st  Mond.  Dec. 

Annually. 

Iowa, 

1st  Mond.  Dec. 

Annually. 

*  Representatives  in  Congress  are  usually  chosen  at  the  State  Gen- 
eral Elections,  and  Senators  at  the  meetings  of  the  State  Legislatures, 
respectively,  which  are  held  next  preceding  the  time  when  their  term  of 
office  is  to  commence. 

t  The  Representatives  in  Rhode  Island,  for  one  half  the  year,  are  chos- 
en on  the  last  Tuesday  in  August ;  and  there  is  another  regular  sessiou 
of  the  Legislature  on  the  last  Wednesday  in  October. 


208 


GOVERNORS. 


IV.  Statement  of  the  qualifications,  terms  of  office,  and  salaries 
of  the  Chief  Magistrates  ;  showing  also  where  they  have  a  quali- 
fied negative,  arid  who  performs  the  duties  in  case  of  vacancy. 


Years. 

Term 

Salary. 

States  and  Territories. 

A 

M 

1 

ends. 

Successor. 

United  States,* 

35 

14 

Mar. 

25,000 

Vice  President. 

Maine,* 

30 

5 

Jan. 

1,500 

Pres.  of  Senate. 

N.  Hampshire,*  1 

30 

7 

June. 

1,000 

Pres.  of  Senate. 

Vermont,! 

4 

Oct. 

750 

Lieut.  Governor. 

Massachusetts,*! 

7 

Jan. 

3.666f 

Lieut.  Governor. 

Rhode  Island,! 

'A 

May. 

'400 

Lieut.  Governor. 

Connecticut,}- 

30 

% 

May. 

1,100 

Lieut.  Governor. 

New  York,*$ 

30 

5 

2 

Jan. 

4,000 

Lieut.  Governor. 

New  Jersey, II 

1 

Oct. 

2,000 

V.  P.  of  Leg.  Coun. 

Pennsylvania,* 

30 

7 

3 

Jan. 

4,000 

Speaker  of  Senate. 

Delaware, 

30 

6 

4 

Jan. 

l,333i 

Speaker  of  Senate. 

Maryland, 

30 

5 

3 

Jan. 

4,200 

Secretary  of  State. 

Virginia,  II 

30 

5 

3 

Mar. 

3,333J 

Lieut.  Governor. 

N.  Carolina,! 

30 

5 

2 

Jan. 

2,000 

Speaker  of  Senate. 

S.  Carolina,!|l 

30 

10 

2 

Dec. 

3,500 

Lieut.  Governor. 

Georgia,*! 

30 

6 

2 

Nov. 

4,000 

Pres.  of  Senate. 

Alabama,! 

30 

4 

2 

Dec. 

3,500 

Pres.  of  Senate. 

Mississippi,* 

30 

5 

2 

Jan. 

3,000 

Pres.  of  Senate. 

Tennessee, 

30 

7 

2 

Oct. 

2,000 

Speaker  of  Senate. 

Kentucky,! 

35 

6 

4 

Sept. 

2,500 

Speaker  of  Senate. 

Ohio, 

30 

4 

2 

Dec. 

1,500 

Speaker  of  Senate. 

Michigan,* 

2 

2 

Jan. 

2,000 

Lieut.  Governor. 

Indiana.! 

30 

5 

3 

Dec. 

1,500 

Lieut.  Governor. 

Illinois,! 

30 

2 

4 

Dec. 

1,500 

Lieut.  Governor. 

Missouri,! 

35 

4 

4 

Nov. 

2,000 

Lieut.  Governor. 

Arkansas,! 

30 

4 

4 

Nov. 

2,000 

Pres.  of  Senate. 

Louisiana,*! 

35 

6 

4 

Jan. 

7,500 

Pres.  of  Senate. 

Florida,* 

3 

Dec. 

2,500 

Sec.  of  Territory. 

Wisconsin,* 

3 

Mar. 

2,500 

Sec.  of  Territory. 

Iowa,* 

3 

July. 

2,500 

Sec.  of  Territory. 

*  The  Executive  has  a  qualified  negative ;  and  a  bill,  to  become  a 
law,  must  be  repassed  by  a  vote  of  two  thirds  of  the  members  present 
in  each  house. 

t  The  Executive  has  a  negative,  but  a  bill  becomes  a  law  if  repassed 
by  a  majority  of  all  the  merribers  elected  to  each  hoiise,  or,  in  Vermont  and 
Connecticut,  by  a  majority  of  those  present. 

X  The  Governor,  in  these  States,  must  be  o.  freeholder. 

II  Chosen  by  the  Legislature;  in  all  the  other  States,  by  i3a» people. 


JUDGES. 


209 


V.  Statement  of  the  number  of  Judges  of  the  highest  Courts, 
the  mode  of  their  appointment,  their  terms  of  office  and  compen- 
sation, and  how  removable. 


i 

$  Salary  of 

States  and  Territoriea. 

1 

Appointed  by  the 

TeiTOofoiEce. 

C.J. 

Assoc, 

United  States,* 

9  Pres.  and  Sen. 

Good  behavior. 

5,000 

4,500 

Maine,t 

3  Gov.  and  Coun. 

Seven  years. 

1,800 

1,800 

N.  HampshirCjt 

4  Gov.  and  Coun. 

Good  be.  till  70. 

1,400 

1,200 

Vermont,=^ 

5  Legislature. 

One  year. 

1,375 

1,375 

Massachusetts,! 

4  Gov.  and  Coun. 

Good  behavior. 

3,500 

3,000 

Rhode  Island, 

3  Legislature. 

One  year. 

650 

550 

Connecticut,! 

5  Legislature. 

Goodbe.till70. 

1,100 

1,050 

New  York,*^ 

3  Gov.  and  Sen. 

Good  be.  till  60. 

3,000 

3,000 

New  Jersey,^'^ 

5  Legislature. 

Seven  years. 

1,500 

1,400 

Pennsylvania,! 

5  Gov.  and  Sen. 

Fifteen  years. 

2,6661  2;000| 

Delaware,! 

4  Governor. 

Good  behavior. 

1,200 

1,200 

Maryland,! 

6  Gov.  and  Sen. 

Good  behavior. 

2,500 

2,200 

Virginia,!. 

5, Legislature. 

Good  behavior. 

2,750 

2,500 

N.  Carolina,! 

3  Legislature. 

Good  behavior. 

2,500 

2,500 

S.  Carolina,* 

6jLegislature. 

Good  behavior. 

3,000 

Georgia,! 

lljLegislature. 

Three  years. 

2,100 

Alabama,! 

3 'Legislature. 

Six  years. 

2,250 

2,250 

Mississippi,! 

3  People. 

Six  years.        ^ 

2,000 

2,000 

Tennessee,! 

3  j  Legislature. 

Twelve  years. 

1,800 

Kentucky,! 

3  Gov.  and  Sen. 

Good  behavior. 

2,000 

2,000 

Ohio,* 

4jLegislature. 

Seven  years. 

1,500 

1,500 

Michigan,! 

4{Gov.  and  Sen. 

Seven  years. 

1,600 

1,500 

Indiana,* 

3  Gov.  and  Sen. 

Seven  years. 

1,500 

1,500 

Illinois,! 

9  Legislature. 

Good  behavior. 

1,500 

1,500 

Missouri,! 

3  Gov.  and  Sen. 

Good  be.  till  65. 

1,100 

1,100 

Arkansas,* 

3 

Legislature. 

Eight  years. 

1,800 

Louisiana,! 

5 

Gov.  and  Sen. 

Good  behavior. 

5,000 

Florida,* 

5 

Pres.  and  Sen. 

Four  years. 

1.800 

Wisconsin,* 

3 

Pres.  and  Sen 

Good  behavior. 

1,800 

Iowa,* 

3 

Pres.  and  Sen 

Four  years. 

1,800 

Dist.  Columbia,* 

3 

Pres.  and  Sen 

Good  behavior. 

2,700  !2',500 

*  Removable  from  office  by  itnpeachment. 

t  Removable  by  impeachment,  (or  in  Maryland,  on  conviction  in  a 
court  of  law) ;  or  by  the  Executive,  on  the  address  of  both  branches  of  the 
Legislature.  For  this  latter,  in  all  the  States  except  Maine,  New  Hamp- 
shire, and  Massachusetts,  two  thirds  of  the  members  of  each  house,  and 
in  Louisiana,  three  fourths  must  concur. 

I  Removable  by  impeachment,  or  by  a  concurrent  vote  of  two  thirds 
of  the  members  of  both  branches  of  the  Legislature. 

18* 


210 


APPORTIONMENT    OF    REPHESENTATIVES. 


VI.  Statement  of  the  times  when  the  respective  States  adopted 
the  Constitution  of  the  United  States,  or  were  admitted  into  the 
Union;  and  of  the  whole  number  of  Representatives  in  Con- 
gress, and  tlie  number  for  its  slave  population,  to  which  each 
State  has  been  entitled  under  the  several  apportionments. 


Slatei. 

Adoption  of  the  Con- 
stitution, or  admis- 
•ion  into  the  Union. 

1789 

1793 

1803 

1813 

1823 

1833 

1843 

1 

3 

1 

1 

1 

1 

1 

i 

1 

7 

i 

55 

1 

8 

1 

7 

1 

Me. 

Mar.  15,  1820 

N.H. 

June  21, 1788 

3 

4 

5 

6 

6 

5 

4 

Vt. 

Feb.  18, 1791 

2 

4 

6 

5 

5 

4 

Mass. 

Feb.    7,  1788 

8 

14 

17 

20 

13 

12 

10 

R.  I. 

May  29,  1790 

1 

2 

2 

2 

2 

2 

2 

Conn. 

Jan.     9,  1788 

5 

7 

7 

7 

6 

6 

4 

N.  Y. 

July  26,  1788 

6 

10 

1 

17 

27 

1 

34 

40 

34 

N.J. 

Dec.  18,  1787 

4 

5 

6 

6 

6 

6 

5 

Penn. 

Dec.  12,  1787 

8 

13 

18 

23 

26 

28 

24 

Del. 

Dec.    7,1787 

1 

1 

1 

2 

1 

1 

1 

1 

Md. 

Apr.  28,  1788 

6 

8 

2 

9 

2 

9 

2 

9 

2 

8 

1 

6 

1 

Va. 

June  27,  178810 

19 

6 

22 

6 

23 

7 

22 

6 

21 

6 

15 

4 

N.  C. 

Nov.  2*,  1789 

5 

10 

2 

12 

2 

13 

2 

13 

3 

13 

3 

9 

2 

s.  c. 

May  23,  1788 

5 

6 

2 

8 

2 

9 

3 

9 

3 

9 

4 

7 

3 

Ga. 

Jan.     2,  1788 

3 

2 

1 

4 

1 

6 

2 

7 

3 

9 

3 

8 

3 

Ala. 

Dec.  14,  1819 

3 

1 

5 

1 

7 

2 

Miss. 

Dec.  10,  1817 

1 

2 

1 

4 

2 

Tenn. 

June   1,1796 

3 

1 

6 

1 

9 

1 

13 

2 

11 

2 

Ken. 

June   1,  1792 

2 

1 

6 

1 

10 

1 

12 

2 

13 

3 

10 

2 

Ohio, 

Apr.  30,  1802 

1 

6 

14 

19 

21 

Mich. 

June  15,  1836 

3 

Ind. 

Dec.  11,  1816 

3 

7 

10 

111. 

Dec.   3,1818 

1 

3 

7 

Mo. 

Mar.   2,1821 

1 

2 

5 

1 

Ark. 

June  15,  1836 

1 

La. 

Apr.    8,1812 

105 

15 

142 

15 

1 
182 

20 

3 
213 

1 
22 

3 

240 

1 
25 

4 
2231 

2 
24 

Total, 

65 

APPORTIONMENT    OF    REPRESENTATIVES. 


211 


VII.  Statement  of  the  Ratios  upon  which  the  several  Appor- 
tionments have  proceeded^  and  the  unrepresented  fractions  of  the 
federal  population^  in  the  respective  States,  under  each  of  those 
Apportionments. 


1793 

1803 

1813 

1823 

1833 

1843 

Ratiot, 

33,000 

33.000 

35,000 

40,000 

47,700 

70,680 

States. 

FracUong. 

Fraction.. 

FracUons. 

Fractions. 

FracUons. 

Fractions. 

Maine, 

18,335 

18,355 

7,033 

N.  Hampshirej 

9,746 

13,760 

4,360 

4,161 

30,328 

1,854 

Vermont, 

19,410 

22,465 

7,713 

35,764 

42,152 

9,228 

Massachusetts, 

13,257 

13,964 

745 

3,287 

38,0(K 

30,899 

Rhode  Island, 

2,730 

2,970 

6,991 

3,040 

1,792 

38,148* 

Connecticut, 

6^040 

19,622 

16,918 

35,163 

11,465 

27,251 

New  York, 

1,591 

17,619 

8,933 

8,778 

10,578 

25,800 

New  Jersey, 

14,571 

8,981 

35,215 

34,513 

33,721 

19,636 

Pennsylvania, 

3,879 

7,683 

4,873 

9,374 

12,472 

27,687 

Delaware, 

22,544 

28,813 

1,004 

30,940 

27,731 

6,363 

Maryland, 

14,514 

2,294 

20,946 

7,392 

24,242 

9,354 

Virginia, 

3,938 

15,882 

12,615 

15,118 

21,802 

2 

N.  Carolina, 

23,523 

28,785 

32,970 

36,822 

19,647 

18,972 

S.  Carolina, 

8,236 

23,131 

21,569 

39,341 

25,725 

39,503* 

Georgia, 

4,839 

6,340 

346 

1,125 

510 

13,574 

Alabama, 

5,175 

24,007 

65,264* 

Mississippi, 

22,322 

14,957 

14,847 

Tennessee, 

1,163 

33,913 

30,771 

5,163 

49,187* 

Kentucky, 

2,345 

6,813 

24,287 

33,625 

1,732 

125 

Ohio, 

12,365 

20,760 

21,434 

31,603 

35,186 

Michigan, 

227 

Indiana, 

27,102 

9,131 

49,745* 

Illinois, 

14,845 

14,056 

51,971* 

Missouri, 

22,493 

35,012 

7,006 

Arkansas, 

13,920 

Louisiana, 
Total, 

27,692 

5,781 

23,804 

2,311 

151,163 

238,660 

281,855 

466,706 

483,493 

276,275t 

*  These  fractions  are  allowed  one  Representative  each, 
t  Not  including-  the  fractions  that  are  represented 


212 


SESSIONS    OF    CONGRESS. 


VIII.  Table  showing  the  commencement^  close,  and  duration  of 
each  session  of  Congress,  the  number  of  Acts  and  Resolutions 
passed,  and  of  Bills  vetoed  or  retained  by  the  Executive,  and  the 
Speakers  of  the  House  of  Representatives. 


11 


13 


4,  1789 

4,  1790 

6,  1790 
24,  1791 

5,  1792 

2,  1793 

3,  1794 

7,  1795 

5,  1796 
15,  1797 
13,  1797 

3,  1798 

2,  1799 

17,  1800 

7,  1801 

6,  1802 
17,  1803 

5,  1804 

2,  1805 
1,  1806 

26,  1807 

1,  1808 
22,  1809 

27,  1809 

3,  1810  Mar 

4,  181lJuly 

2,  1812  Mar. 
24,  1813  Aug. 

6,  1813  Apr. 
19,  1814  Mar. 


Sept. 
Aug. 
Mar. 
May- 
Mar. 
June 
Mar. 
June 
Mar. 
July 
July 
Mar. 
May 
Mar. 
May 
Mar. 
Mar. 
Mar. 
Apr. 
Mar. 
Apr. 
Mar. 
June 
May 


29,  1789 

12,  1790 

3,179 

8,  1792 

2,  1793 

9,  1794 

3,  1795 
1,  1796 
3,  1797 

10,  1797 
16,  1798 
3,  1799 
14,  1800 
3,  1801 
3,  1802 
3,  1803 

27,  1804 
3,  1805 

21,1806 
3,  1807 

25,  1808 
3,  1809 

28,  1809 
1,  1810 
3,1811 
6,1812 
3,1813 
2,1813 

18,  1814 


210 
221 

88 
198 
118 
190 
121 

78 

89 

57 
246 

91 
165 
107 
148 

88 
163 
119 
141 

93 
183 
117 

38 
156 

91 
246 
122 

71 
134 


3,  1815|166| 


29 
49 
29 
45 
32 
66 
53 
55 
30 
17 
90 
49 
76 
36 
55 
40 
62 
46 
46 
49j 
68 
37 
17 
51 
45 
142 
66 
59 
99 
113 


F.  A.  Muhlen- 
berg, Penn. 

Jon.  Trumbull, 
Conn. 

F.  A.  Muhlen- 
berg. 

Jona.  Dayton, 
N.J. 

Jona.  Dayton. 

T.  Sedgwick, 

Mass. 
Nath.  Macon, 

N.  C. 

Nath.  Macon. 

Nath.  Macon. 

J.  B.  Vamum, 
Mass. 

J.  B.  Vamum. 

Henry  Clay, 

Ken. 
Henry  Clay. 
Lang.  Che  ves, 

S.  C. 


SESSIONS    OF    CONGRESS. 


213 


( Continued. 


fi 

j                                 Session 

ll 

.1 

Speakeri. 

Commenced. 

Terminated. 

-n 

I  Dec.   4,1815 
>Dec.   2,1816 

Apr. 
Mar. 

30,1816 
3,1817 

149 
92 

181 
117 

^ 

Henry  Clay. 

15J^ 

I  Dec.    1,1817 
)  Nov.  16, 1818 

Apr. 
Mar. 

20,1818 
3,1819 

151 
108 

142 
114 

\ 

Henry  Clay. 

lej; 

I  Dec.   6,1819 

May 

15,1820 

162 

143 

> 

Henry  Clay. 

J  Nov.  13,1820 

Mar. 

3,1821 

111 

65 

i 

J.W.Taylor,N.Y. 

^^1  ' 

I  Dec.   3,1821 

May 

8,1822 

157 

133 

1     I 

P.  P.  Barbour, 

>Dec.    2,1822 

Mar. 

3, 1823 

92 

106 

( 

^      Va. 

ib\[ 

I  Dec.    1,1823 
>Dec.    6,1824 

May 
Mar. 

27,1824 
3,1825 

179 

88 

212 
124 

I 

Henry  Clay. 

19. 

1  Dec.   5,1825 

2  Dec.   4,1826 

May 
Mar. 

22,1826 
3,1827 

169 

90 

162 
103 

1 

John  W.  Taylor. 

20  5    , 

I  Dec.    3, 1827 

May 

26,1828 

176 

158 

^ 

A.  Stevenson, 

?Dec.    1,1828 

Mar. 

3, 1829 

93 

67 

Va.      ' 

21  <    , 

1  Dec.    7, 1829 

2  Dec.   6,1830 

May 
Mar. 

31,1830 
3,1831 

176 

88 

243 
126 

4  J 

A.  Stevenson. 

22  j    , 

1  Dec.   5,1831 

2  Dec.    3,1832 

July 
Mar. 

14,1832 
3,1833 

223 
91 

311 
147 

3> 

1  s 

A.  Stevenson. 

23  j   , 

I  Dec.    2,1833 

June  30,1834 

211 

277 

1? 

A.  Stevenson. 

2  Dec.    1,1834 

Mar. 

3,1835 

93 

113 

^ 

John  Bell,  Tenn. 

24  j 

iDec.    7,1835 

July 

4,1836 

211 

377 

1  ? 

James  K.  Polk, 

2  Dec.   5,1836 

Mar. 

3,1837 

89 

81 

r 

Tenn. 

r 

1  Sept.  4,1837 

Oct. 

16,1837 

43 

11 

^ 

25? 

2  Dec.    4,1837 

July 

9,1838 

218 

277 

( 

James  K.  Polk. 

^ 

3  Dec.    3,1838 

Mar. 

3,1839 

91 

249 

\ 

26  j 

iDec.   2,1839 

July 

21,1840 

233 

106 

<; 

R.  M.  T.  Hunter, 

2  Dec.    7,1840 

Mar. 

3,1841 

87 

41 

Va. 

27  5 

1  May  31, 1841 

2  Dec.   6,1841 

Sept. 
Auff. 

13,1841 
31,1842 

106 
269 

30 
299 

2) 

4V 

John  White, 
Ken. 

C 

3  Dec.    5,1842!Mar. 

3,1843 

3 

214 


EXECUTIVE    OFFICERS. 


IX. 


Compensation  of  the  principal  Executive  officers  of  the  Gov- 
ernment of  the  United  States. 


Presidentj 

Salary. 

$25,000  Vice  President, 

Salary. 

$5,000 

- 

CABINET. 

Secretary  of  State, 

Salary. 

S6,000 

Secretary  of  the  Navy, 

Salary, 

$6,000 

Secretary  of  Treasury 

6,000 

Postmaster  General, 

6,000 

Secretary  of  War, 

6,000 

Attorney  General, 

4,000 

Department  of  State. 

Salary. 

Salary. 

Chief  Clerk, 

$2,000 

Patent  Office. 

Translator, 

1,600 

Commissioner, 

$3,000* 

Clerks,* 

Chief  Clerk. 

1,700 

Treasury  Department. 

Salary, 

Salary. 

Chief  Clerk, 

$2,000 

Treasurer's  Office 

Comptrollers. 

Treasurer, 

$3,000 

First  Comptroller, 

3,500 

Chief  Clerk, 

1,700 

Chief  Clerk, 

1,700 

Second  Comptroller, 

3,000 

Register's  Office. 

Chief  Clerk, 

1,700 

Register, 

3,000 

Auditors. 

Chief  Clerk, 

1,700 

First  Auditor, 

3,000 

Solicitor's  Office. 

Chief  Clerk 

1,700 

Second  Auditor, 

3,000 

Solicitor, 

3,500 

Chief  Clerk, 

1,700 

Clerk, 

1,150 

Third  Auditor, 
Chief  Clerk, 

3,000 
1,700 

General  Land  Offic 

e. 

Fourth  Auditor, 

3,000 

Commissioner, 

3,000 

Chief  Clerk, 

1,700 

Principal  Clerks,  (three 

)  1,800 

Fifth  Auditor, 

3,000 

Recorder, 

1,500 

Chief  Clerk, 

Auditor  for  P.  0.  Dep. 

1,700 

Solicitor, 

2,000 

3,000 

Secretary  to  sign  Patents 

,,  1,500 

Chief  Clerk, 

2,000 

*  Clerks  in  the  Departments,  other  than  the  Chief  Clerks,  receive 
usually  from  $1,000  to  $1,400  a  year ;  Messengers,  commonly  $700. 


EXECUTIVE    OFFICERS. 


215 


Chief  Clerk, 

Indian  Affairs. 

Commissioner, 
Chief  Clerk, 
Superintendents, 
Agents, 
Sub-Agents,  . 
Interpreters, 

Pension  Office. 
Commissioner, 


War  Department 

Salarjr, 


$2,000 


3,000 
1,600 
1,500 
1,500 
750 
300 


Salary, 

$1,760 


Chief  Clerk, 

Bounty  Lands. 
Principal,  1,600 

Clerk,  1,150 

Paymaster  GeneraVs  Office. 
Paymaster  General,  2,500 

Chief  Clerk,  1,700 

Surgeon  GeneraVs  Office. 
Surgeon  General,  2,500 

Clerk,  1,150 


Navy  Department, 


Salary. 

Chief  Clerk,  $2,000 

Na/vy  Yards  Sf  Docks. 

Chief  of  Bureau,  3,500 

Civil  Engineer,  2,000 

Draughtsman,  1,000 

Ordnance  Sf  Hydrography, 
Chief  of  the  Bureau,         3,500 


Salary. 

Construe.  EquipH  Sf  Repairs. 
Chief  of  Bureau,  $3,000 

Assistant  Constructor  and 
Draughtsman,  1,600 

Provisions  ^  Clothing. 
Chief  of  Bureau,  3,000 


Medicine  Sf  Surgery. 


Chief  of  Bureau, 


Post  Office  Department. 

Salary,     i 

Ass't  P.  M,  Gens,  (three)  $2,500 1  Chief  Clerk, 
Officers  of  the  Mint. 


Director, 
Treasurer, 
Chief  Coiner, 


$3,500 
2,000 
2,000 


Assayer, 

Melter  and  Refiner, 

Engraver, 


Surveyors  General, 


Ohio,  Indiana  and  Michigan, 

Illinois  and  Missouri, 

Mississippi, 

Louisiana, 

Alabama, 

Florida, 

Arkansas, 

Wisconsin  and  Iowa, 


Stationed  at 

Cincinnati, 
St,  Louis, 
Jackson, 
Donaldson  ville, 
Florence, 
Tallahassee, 
Little  Rock, 
Du  Buque, 


2,500 


Salary. 

$2,000 


Salary. 

$2,000 
2,000 
1,500 


Salary. 

$2,000 
2,000 
2,000 
2,000 
2,000 
2,000 
1,500 

*1,500 


*  And  $350  a  year  for  office  rent,  fuel,  and  incidental  expenses. 


216 


ARMY. 


X.     Pay  and  Allowances  of  the  Army. 


Grade. 

1 

^4 

l£ 

dll 

z 

<£l    c 

gi: 

Slllf 

Major  General, 

1 

$200 

15 

7    4 

Brigradiers  Generalj 

2 

104 

12 

5    2 

Adjutant  General,  (Col.) 

1 

90 

6 

5    2 

Assistant  Adjutants  General,  (Majors) 

2 

60 

4 

4    2 

Assistant  Adjutants  General,  (Captains) 

4 

50 

4 

3    1 

Inspector  General,  (Col.) 

1 

90 

6 

5    S 

Quartermaster  General,  (Brigadier  Gen.) 

1 

104 

12 

5    i 

J 

Assistant  Quartermasters  General,  (Col.) 

2 

90 

6 

5    2 

Deputy  Quartermasters  General,  (Lt.Col.) 

2 

75 

5 

4    2 

Quartermasters,  (Majors) 

4 

60 

4 

4    2 

Assistant  Quartermasters,  (Captains) 

28 

50 

4 

3    1 

I 

Commissary  Gen.  of  Subsistence,  (Col.) 

1 

90 

6 

5    5 

I 

Assist.  Comiss'y.  Gen.  of  Subsist.  (Lt.Col.) 

1 

75 

5 

4    2| 

Commissaries,  jMajors) 
Commissaries,  (Captains) 

2 

60 

4 

4    J 

I 

4 

50 

4 

3 

1 

Surgeons,  (Majors)='^ 

20 

60 

4 

4 

2 

Assistant  Surgeons,  (Captains)* 

52 

50 

4 

3 

1 

Paymasters,  (Majors) 
Colonels,! 

15 

60 

4 

4 

2 

17 

75 

6 

4 

2 

Lieutenant  Colonels,! 

18 

60 

5 

3 

2 

Majors,! 

26 

50 

4 

3 

2 

Captains,! 

172 

40 

4 

1 

First  Lieutenants,! 

208 

30 

4 

1 

Second  Lieutenants,! 

168 

25 

4 

1 

Sergeant  Majors, 

14 

17 

1 

Quartermaster  Sergeants, 

14 

17 

1 

First  Sergeants, 

140 

16 

1 

Other  Sergeants, 

420 

13 

1 

Corporals, 

660 

9 

1 

Principal  Musicians, 

22 

17 

1 

Musicians, 

280 

8 

1 

Farriers  and  Blacksmiths, 

20 

11 

1 

Artificers, 

80 

11 

1 

Privates, 

6040 

7 

1 

Cadets, 

250 

16 

2 

Chaplains, 

20 

40 

4 

*  Surgeons  and  Assistant  Surgeons,  after  ten  years'  faithful  service  in 
those  grades,  are  entitled  to  double  rations.  In  regard  to  additional  pay, 
rations  and  allowances,  see  page  126  of  the  text. 

t  The  pay  here  stated  is  that  allowed  in  the  Artillery  and  Infantry. 
The  pay  oi  officers  of  Dragoons,  of  Ordnance,  Engineers,  and  Topo- 
graphical  Engineers,  is  the  same  as  that  of  Officers  of  corresponding 
grade  in  the  Staff;  which  term  embraces  all  in  the  above  table,  to  Com  • 
missaries  incluaive. 


NAVY    AND    MARINES. 


217 


XI.    Annual  Pay  of  Officers  of  the  Navy. 


Grade  and  Number.  Pay. 

Captains. — 67. 
Senior  Captain,  in  service,    S4,500 
On  leave,  or  waiting  orders,    3,;500 
Others,  com'ding  squadrons. 
On  other  duty. 
Off  duty, 

Commanders.  — 96. 

In  sea  service. 

At  navy  yards,  &c.. 

On  leave,  or  waiting  orders, 

Lieutenants. — 320 
Commanding, 
On  other  duty, 
Waiting  orders, 

Surgeons.*— 70. 


4,000 
3,500 
2,500 


2,500 
2,100 
1,800 


1,800 
1,500 
1,200 


First  five  years, 
Second  five  years. 
Third  five  years. 
Fourth  five  years, 
After  twenty  years. 


1,000 
1,200 
1,400 
1,600 
1,800 


Passed  Assist.  Surgeons. — 9. 
Waiting  orders,  850 

At  navy  yards,  &c.,  1,150 

At  sea,  1,200 

Assistant  Surgeons.  —  57. 
Waiting  orders,  650 

At  sea,  navy  yards,  &c.,  950 

Chaplains.  —  24. 
In  sea  service. 
On  leave,  or  waiting  orders. 

Profs,  of  Mathematics. 
At  sea,  or  navy  yards. 


1,200 
800 


-17. 
1,200 


Grade  and  Number.  Pay. 

Pursers.  — 63. 
Of  ships  of  the  line,  $3,500 

Frigates  and  razees,  3,000 

Sloops  and  steamers,  1st  class,  2,000 
Brigs,  schooners,  &c.,  1,500 

At  four  of  the  navv  yards,  2,500 
At  Portsm.  Phila.  and  Wash.,  2,000 
At  naval  stations,  l,.f)00 

In  receiving  ships,  elsewhere,  1,.500 
At  Boston,  N.  Y.and  Norfolk,  2,500 
On  leave,  &c.,  pay  of  surgeons. 

Passed  Midshipmen.  — 103. 


On  duty, 
Waituig  orders. 

750 
600 

Mi  dshipmen  . — 450. 

In  sea  service, 
On  other  duty, 
On  leave,  or  waiting  orders. 

400 
350 
300 

Masters.  — 15. 

Of  ships  of  the  line. 

On  other  duty. 

On  leave,  or  waiting  orders. 

1,100 

1,000 

750 

Second  Masters.  — 15 

In  sea  service, 
On  other  duty, 
On  leave,  or  waiting  orders, 

750 
500 
400 

Masters'  Mates. — 4. 

In  sea  service,  &c. 

On  leave,  or  waiting  orders, 

450 
300 

BoATSWAiNS,32  ]  Ships  of  line,  800 
Gunners,  41  I  Other  duty,  700 
Carpenters,  36  |  On  leave,  &C.500 
Sailmakers,  33  J  Same,af  10  y.  600 


The  Marim  Corps  consists  of  1  colonel,  1  lieut.  col.,  4  majors, 
13  captains,  20  1st  lieuts.,  20  2d  lieuts.,  1  adj't  and  inspector,  1  pay- 
master, 1  quartermaster,  1  assistant  quartermaster,  1  sergeant  major, 
1  quartermaster  sergeant,  1  drum  major,  1  fife  major,  80  sergeants, 
80  corporals,  30  drummers,  30  fifers,  and  1000  privates.  They 
receive  the  same  pay  and  emoluments  as  the  Infantry  and  Artillery. 


*  Surgeons  at  navy  yards  are  entitled  to  an  increase  of  one  fourth,  in 
sea  service,  of  one  third,  and  as  fleet  surgeons,  of  one  half  the  amount  of 
their  respective  annual  pay. 
19 


218 


CIRCUIT  AND  DISTRICT  COURTS. 


XII.  Judicial  Circuits  and  Districts,  number  of  stated  annual 
sessions  of  the  Courts,  places  where  they  are  held,  and  salaries 
of  the  District  Judges. 


a    1                             1 

Sessions  of 

Salaries  of 

"9 

DktricU. 

Circuit 

Disl. 

Places  where  the  Courts  are  held. 

District 

j 

Court. 

Court. 

Judges. 

' 

1  Maine, 

2 

4 

Portland,  Wiscasset. 

$1,800 

1 

1 N.  Hampshire, 

2 

4 

Portsmouth,  Concord. 

1,000 

Massachusetts, 

2 

4 

Boston. 

2,500 

Rhode  Island, 

2 

4 

Providence,  Newport. 

1,500 

> 

Vermont, 

2 

2 

Rutland,  Windsor. 

1,200 

2- 

1  Connecticut, 

2 

4 

Hartford,  New  Haven. 

1,500 

'ivrY  jS.Dist. 
l^-^-JN.  Dist. 

4 

12 

New  York.          [Canandai.f 

3,500 

2 

5 

Albany,Utic.*  Buff.*  Roch.=* 

2,000 

' 

1  New  Jersey, 
Ip,     jE.Dist, 
f^-    |W.  Dist. 

2 

4 

Trent.,t  N.Bruns.,*Burling.* 

1,500 

3 

2 

4 

Philadelphia. 

2,500 

2 

4 

Pittsburg,  Williamsport.* 

1,S00 

iDelaware, 

2 

4 

Newcastle,  Dover. 

1.500 

4- 

Maryland, 

2 

4 

Baltimore. 

2,000 

Va. 

E.  Dist. 

2 

4 

Richmond,  Norfolk.* 

1,600 

W.  Dist. 

1 

8 

Lewisburg,  Staunt.,*Clarks- 

1,600 

'  S.  Dist. 

2 

2 

Mobile.  [burg,*  Wythe  C.H.=* 

Ala.- 

M.  Dist. 

2 

Tuscaloosa.* 

■  2,500 

5- 

N.  Dist. 

2 

Huntsville.* 

La. 

E.  Dist. 

2 

3 

New  Orleans. 

3,000 

W.  Dist. 

1 

Opelousas  Court  House.* 

• 

■  S.  Dist. 

2 

Wilmington.* 

N.C. 

M.  Dist. 

2 

2 

Raleigh,t  Newbern.* 

•  2,000 

6- 

N.  Dist. 

2 

Edenton.* 

s.c. 

E.  Dist. 
W.  Dist. 

2 

4 

Charleston,  Columbia.f 

1  2,500 

1 

Laurens  Court  House.* 

Georgia, 

2 

4 

Savannah,  Milledgeville.t 

2,500 

Ohio, 

2 

2 

Columbus. 

1,000 

7- 

Michigan, 

1 

2 

Detroit. 

1,500 

Indiana, 

1 

2 

Indianapolis. 

1,000 

Illinois, 

1 

2 

Springfield. 

1,000 

Kentucky, 

2 

2 

Frankfort. 

1.500 

f  E.  Dist. 

1 

2 

Knoxville. 

" 

8- 

Ten.^  M.  Dist. 

2 

Jackson.* 

•1,500 

t  W.  Dist. 

1 

2 

Nashville. 

JVIissouri, 

1 

2 

St.  Louis. 

1,200 

9 

*.     i  S.  Dist. 
^'^'  \  N.  Dist. 

2 

2 
2 

Jackson. 
Pontococ* 

I  2,000 

Arkansas, 

1 

2 

Little  Rock. 

2,000 

*  t  In  the  places  marked  (*),  only  District  Courts  are  held ;  at  those 
marked  (f),  only  Circmt  Courts;  at  the  others,  both  Circuit  and  District 
Courts. 


POST  OFFICE  ESTABLISHMENT. 


219 


XIII.  Number  of  Post  Offices,  Extent  of  Post  Roads,  and 
Revenue  and  Expenditures  of  the  Post  Office  Department;  vnth 
the  amount  paid  to  Postmasters,  and  for  Transportation  of 
the  Mail* 


Yeaw. 

Number  of 

Post 

Offices. 

Extent  of 
Post  Roads. 

Revenue  of  the 
Dejurtment. 

Expenditures 

of  the 
Department. 

Amount 

paid  for 

Compensation 
of  Postmasters. 

Transportatioq 
of  the  Mail. 

1790 

75 

1,875 

$.37,935 

$32,140 

$8,198 

$22,031 

1795 

453 

13,207 

160,620 

117,893 

30,272 

75,359 

1800 

903 

20,817 

230,804 

213,994 

69,243 

128,644 

1805 

1,558 

31,076 

421,373 

377,367 

111,552 

239,635 

1810 

2,300 

36,406 

551,084 

495,969 

149,438 

327,966 

1815 

-3,000 

43,748 

1,043,065 

748,121 

241^901 

487,779 

1916 

3,260 

48,673 

961,732 

804.422 

265,944 

521,970 

1817 

3,459 

52,039 

1,002,973 

916^515 

303,916 

539,189 

1818 

3,618 

59,473 

1,1:30,235 

1,035,832 

346,429 

664,611 

1819 

4,000 

67,586 

1,204,737 

1,117,861 

375,328 

717,831 

1820 

4,500 

72,492 

1,111,927 

1,160,926 

352,295 

782,425 

1821 

4,650 

78,808 

1,059,087 

1,184,283 

337J599 

815,681 

1822 

4,799 

82,763 

1,117,490 

1,167,572 

355,299 

788,618 

1823 

4,043 

84,860 

1,130,115 

1,156,995 

360,462 

767^464 

1324 

5,182 

84^860 

1,197,758 

1,188,019 

3S3J804 

768,939 

1825 

5,677 

94,052 

1^306,525 

1,229,043 

411,183 

785,646 

1826 

6,150 

94,052 

1,447,703 

1,306,712 

447,727 

835,100 

1827 

7,003 

105,336 

1,524,63:3 

1,468,959 

486,411 

942,345 

1828 

7,530 

105,336 

1,659,915 

1,039,945 

548,049 

1,036,313 

1829 

8,001 

iisjooo 

1,707,418 

1,782,132 

559,237 

1,153,646 

laso 

8,450 

115,176 

1,850,583 

1,932,7(B 

595,2:34 

1,274,009 

1831 

8,636 

115^486 

1,997,811 

1,936,122 

635,023 

1,252,226 

18:32 

9,205 

104,466 

2,258,570 

2,266,171 

715,481 

1,482,507 

ia33 

10,127 

119^916 

2,617,011 

2,9:30,414 

826,283 

1,894,6:38 

1834 

10,693 

119,916 

2,823,749 

2,910,605 

897,317 

1,925,544 

1835 

10,770 

112,774 

2,99:3,356 

2,757,350 

945.418 

1,719,007 

1836 

11,091 

118,264 

3,408,.323 

2,841,766 

812,803 

l,a33,052 

1837 

11,767 

141.242 

4,100,6a5 

3,303,428 

891,352 

1,996,727 

1838 

12^519 

134,818 

4,2:35,073 

'4,621,837 

933,948 

3,131,303 

1839 

12,780 

133,999 

4,477,614 

4,654,718 

980,000 

3,285,622 

1840 

13,468 

155,739 

4,539,265 

4,759,110 

1,028,925 

3,296,876 

1841 

13,778 

155,026 

4,379,296 

4,443,768 

1,018,645 

2,934,389 

*  The  Revenue  of  the  Post  Office  Department  is  derived  chiefly  from 
postage;  a  trifling  amount  from  Ji//es  and  pe?iaktes  for  violations  of  the 
post  office  laws.  The  Expenditures  of  the  department,  consist  of  the 
Items  for  compensation  of  postmasters,  and  transportation  of  the  mail,  and 
certain  other  miscellaneous  expenses. 


220 


PUBLIC  REVENUE. 


XIV.     Statement  of  the  Receipts  into  the  National   Treasury, 
from  Customs.  Internal  Revenue  and  Direct  Taxes,  and  Sales 
of  Public  Lands. 


Teara. 

Customs. 

Internal  and 
direct  Taxes. 

Sales  of  lands 

Aggregate  of  Receipts 

In  eacii  year. 

In  each  period  of 
four  years. 

17S9-91 

$4,399,473 

$4,399,473 

1792 
1793 

3,443,071 
4,255,306 

$208,943 
337,706 

3,652,014 
4,593,012 

$8,051,487 

1794 

4,801,065 

274,090 

5,075,155 

1795 

5,588,461 

337,755 

5,926,216 

1796 
1797 

6,567,988 
7,549,650 

475,290 
575,491 

$4,836 
83,541 

7,048,114 

8,206,682 

22,642,497 

1796 

7,106,062 

644,358 

11.963 

7,762,383 

1799 

6,610,449 

779,136 

7,389,585 

1800 
1801 

9,030,933 
10,750,779 

1,543,620 

1,.582,377 

444 
167,726 

10,624,997 
12,500,882 

33,985,647 

1802 

12,438,236 

828,464 

183,628 

13,455,323 

1803 

10,479,418 

287,059 

165,676 

10,932,153 

1804 
1805 

11,093,565 
12,936,487 

101,139 
43,631 

487,527 
540,194 

11,687,231 
13,520,312 

48,575,594 

1806 

14,667,698 

75,865 

765,246 

1.5,508,809 

1807 

15,845,522 

47,734 

466,163 

16,359,469 

1808 
1809 

16,363,550 
7,296,021 

27,370 
11,562 

647,939 
442,252 

17,033^859 
7,749,835 

62,427,449 

1810 

8,583,309 

19,879 

696,549 

9,299,737 

1811 

13,313,223 

9,962 

1,040,238 

14,36:3,423 

18^ 
1813 

8,958,778 
13,224,623 

5^762 
8,561 

710,428 
835,655 

9,674,968 
14,068,a39 

41,087,903 

1814 

5,998,772 

3,882,432 

1,135,971 

11,017,225 

1815 

7,282,942 

6,840,733 

1,287,959 

15,411,634 

1816 
1817 

36,306,875 
26,283,348 

9,378,344 

4,512,288 

1,717,985 
1,991,226 

47,403,204 
32,786,362 

87,900,902 

1818 

17,176,385 

1,219,613 

2,606,565 

21,002,563 

1819 

20,283,609 

313,214 

3,274,423 

23,871,276 

1820 
1821 

15,005,612 
13,004,447 

137,847 
98,377 

1,635,872 
1,212,966 

16,779,331 
14,315,790 

94,440,032 

1822 

17,589,762 

88,617 

1,803,582 

19,481,961 

1823 

19,038,433 

44.580 

916,523 

20,049,536 

1824 
1325 

17,878,326 
20,098,714 

40,865 
28,102 

934,418 
1,216,090 

18,903,609 
21,342,906 

72,750,896 

1826 

23,341,a32 

23,228 

1,393,735 

24,76.3,345 

1827 

19,712,233 

22,513 

1,495,345 

21,230,641 

1828 

23,205,524 

19,671 

1,018,309 

24,243,504 

91,580,396 

PUBLIC  REVENUE. 


221 


1829 
1830 
1831 
1832 
1833 
1834 
1835 
1836 
1837 
1833 
1839 
1840 
Total, 

$22,681,966 
21,922,391 
24,224,442 
28,465,237 
29,032,509 
16,214,957 
19,391,311 
23,409,940 
11,169,290 
16,153,800 
23,OO0J0OO 
13,499,502 

$25,838 

29,141 

17,440 

18,422 

3,153 

4,216 

14,723 

1,099 

$1,517,175 
2,329,356 
3,210,815 
2,623.331 
3,967,682 
4,857,601 
14,757,601 
24,877,180 
6,776,237 
3,081,939 
6,141,330 
3,292,236 

$24,224,979 
24,280,888 
27,452,697 
31,107,040 
33,003,344 
21,076,774 
34,163,635 
48,288,219 
17,945,527 
19,240,739 
29,141,a30 
16.791,788 

$107,065,604 

136,531,972 

83,129,384 

746,735,376 

34,995,340 

10^.379,107 

890,169,823 

Loans  negotiated^  and 

Treasury  Notes  issued. 

Ye-.rs. 

Amount 

Years. 

Amount                           | 

In  each  yeax. 

In  each  period  of 
four  years. 

In  each  year. 

In  each  period  of 
four  years. 

1789-91 
1792 
1793 
1794 
1795 
1796 
1797 
1798 
1799 
1800 
1801 
1802 
1803 
1804 
1805 
1806 
1807 
18(8 
1809 
1810 
1811 
1812 
1813 
1814 
1815 
1816 

$5,791,113 

5,070,80() 

1,067,701 

4,609,197 

3,305,268 

362,800 

70,136 

308,574 

5,074,646 

1,602,435 

10,125 

5,597 

9,533 
128,815 

48,898 

1,822 

2,759,992 
8,309 
12,837,900 
26,184,435 
23,377,912 
35,264,321 

9,494,436 

$10,861,919 

1817 
1818 
1819 
1820 
1321 
1822 
1823 
1824 
1825 
1826 
1827 
1828 
1829 
1830 
1831 
1832 
ia33 
1834 
1835 
1836 

ia37 

1833 
1839 
1840 

$734,5-13 

8,765 

2,291 

3,040,824 

5,000,324 

5,000,000 
5,000,000 

2,992,989 
12,716,6^1 

3,857,276 
5,539,548 

Total, 

$3,786,423 

9,344,966 

10,000,324 

7,055,791 

5,000,000 

25,255 

179,535 

15,606,201 

25,156,634 

94,321,104 

181,338,152 

19a 


222 


EXPENDITURES. 


XV.  Statement  of  the  Expenditures  of  the  United  States,  exclu- 
sive of  payments  on  account  of  the  Public  Debt,  and  from, 
Trust  Funds. 


Yean. 

CivU  liat,  foreign 

imercourse,   and 

miscellaneous. 

Military 
establisliment.* 

Naval 
establishment. 

Aggregate  of 

Sxpendiiures 

In  each  year. 

In  each  perioa  of 
four  years. 

1789-91 

$1,083,401 

$835,618 

$570 

$1,919,589 

1792 
1798 

654,257 
472,450 

1,223,594 
1,237,620 

53 

1,377,904 
1,710,070 

$3,797,493 

1794 

705,598 

2,733,540 

61,409 

3,500,547 

1795 

1,367,037 

2,573,059 

410,562 

4,350,658 

1796 
1797 

772,485 
1,246,904 

1,474,661 
1,194,055 

274,784 
382,632 

2,521,930 
2,823,591 

12,083,205 

1798 

1,111,038 

2,130,837 

1,381,348 

4,623,223 

1799 

1,039,392 

2,532,693 

2,858,082 

6,480,167 

1800 
1801 

1,337,613 
1,114,763 

2,625,041 
1,755,477 

3,448,716 
2,111,424^ 

7,411,370 
4,981,669 

21,338,351 

1802 

1,462,929 

1,358,589 

915,562 

3,737,030 

1803 

1,842,630 

944,958 

1,215,231 

4,002,825 

1804 
1805 

2,191,009 
3,768,533 

1,072,017 
991,136 

1,189,833 
1,597,500 

4,452,859 
6,357,224 

17,174,433 

1806 

2,891,037 

1,540,431 

1,649,341 

6,031,109 

1807 

1,697,897 

1,564,611 

1,722,064 

4,934,572 

1808 
1809 

1,423,286 
1,215,804 

3,196,935 
3,771,109 

1,834,068 
2,427,759 

6,504,a39 
7,414,672 

23,927,244 

1810 

1,101,145 

2,555,693 

1,654,244 

5,311,032 

1811 

1,367,291 

2,259,747 

1,965,566 

5,592,604 

1812 
1813 

1,633,088 
1,729,435 

12,187^046 
19,906,362 

3,959,365 
6,446,600 

17,329,499 
28,032,397 

36,147,857 

1814 

2,208,029 

20,603,366 

7,311,291 

30,127,636 

1815 

2,898,871 

15,394,700 

8,660,000 

26,953,571 

1816 
1817 

2,989,742 
3,518,937 

16^475,412 
8,621,075 

3,903,273 
3,314,598 

23.373,432 
15,454,610 

108,537,086 

1818 

3,835,839 

7,019,140 

2,953,695 

13,803,674 

1819 

3,067,212 

9,335,421 

3,847,640 

16,300,273 

1820 
1821 

2,592,022 
2,223,122 

6,154,518 
5,181,114 

4,387,990 
3,319,243 

13,134,530 
10,723,479 

53,698,087 

1822 

1,967,996 

5,635,187 

2,224,459 

9,827,642 

1823 

2,022,094 

5,258,295 

2,503,766 

9,734,155 

1824 
1825 

7,155,308 
2,748,544 

5,270,255 
5,692,831 

2,904,532 
3,049,034 

15,330,145 
11,490,459 

45,665,421 

1826 

2,600,178 

6,243,236 

4,218,902 

13,062,316 

1827 

2,314,777 

5,675,742 

4,263,873 

12,254,397 

1828 

2,886,052 

5,701,203 

3,918,786 

12,506,041 

49,313,213 

*  For  the  items  included  under  this  head,  see  page  196  of  the  text. 


EXPENDITURES. 


223 


1829 

$3,092,214 

$6,250,530 

$3,-308,745 

$12,651,489 

1330 

3,228,416 

6,752,639 

3,239,429 

13,220,5-34 

1831 

3,064,-346 

6,943,239 

3,356,183 

13,863,768 

1832 
1833 

4,574,341 
5,051,789 

7,982,377 
13,096,152 

3,956,370 
3,901,357 

16,514,083 
22,049,293 

$56,249,879 

1834 

4,399,779 

10,064,428 

3,9-56,260 

13,420,467 

1835 

3,720,167 

9,420,313 

3,864,939 

17,005,419 

1836 
1837 

5,383,371 
5,524,253 

13,466,110 
19,417,274 

5,800,763 
6,352,060 

29,655,244 
31,793,587 

87,130,423 

1833 

5,666,702 

19,936,312 

5,941,381 

31,544,395 

1839 

5,026,644 

13,546,071 

6,132,294 

24,755,009 

1840 
Total, 

5,492,031 

10,366,236 

6,031,039 

22,389,356 

110,432,347 

132,537,364 

342,773,605 

155,234,075 

630,545,044 

Payments  of  the  Public  Debt,  and  to  redeem  Treasury  Notes. 


Years. 

In  each  year. 

fn  each  period  of 
lour  years. 

Years. 

In  each  year. 

In  each  period  of 
four  years. 

1789-91 
1792 
1793 
1794 
1795 
1796 
1797 
1798 
1799 
1800 
1801 
1802 
1803 
1804 
1805 
1806 
1807 
1306 
1809 
1810 
1811 
1812 
1813 
1314 
1315 
1316 

$  5,287,950 
7,263,666 
5,819,505 
5,801,.578 
6,064,412 
5,835,846 
5,792,422 
3,990,294 
4,596,877 
4^578,370 
7,291,707 
9,539,005 
7,256.159 
8,171^787 
7,369,890 
8,989,835 
6,307,720 

10,260,245 
6,452,554 
8,008,904 
8,009,204 
4,449,622 

11,1(»,123 
7,900,544 

12,628,922 

24,871,063 

$12,551,616 

1817 
1318 
1819 
1820 
1821 
1822 
1823 
1824 
1825 
1826 
1827 
1823 
1829 
1830 
1331 
1832 
1833 
1834 
1835 
1836 
1837 
1838 
1839 
1340 

$2-5,423,036 

21,296,202 

7,70-3,926 

8,628,494 

8,367,094 

7,848,949 

5,530,016 

16,568,394 

12,095,-345 

11,041,082 

10,003,663 

12,163,4.38 

12,383,868 

11,355,743 

16,174,378 

17,840,309 

1,543,543 

6,179,565 

58,191 

21,823 

5,605,720 

10,906,413 

5,474,119 

Total, 

$6-3,051,6^ 

23,541,341 

33,314,453 

18,957,963 

45,303,533 

32,258,658 

57,754,303 

32,927,740 

7,781,299 

26,920,284 

22,003,030 

56,508,652 

437,879,580 

19b 

224 


COINAGE  AND  GOLD. 


XVI.     Statement  of  the  Coinage  at  the  Mint  of  the  United  States. 


Yean, 

Number  of  Pieces. 

Value. 

Years. 

Number  of  Pieces. 

Value. 

1793-5 
1796 

1,834,420 
1,219,370 

$453,542 
192,130 

1819 
1820 

5,074,723 
6,492,509 

$1,425,325 
1,864,786 

1797 

1,095,165 

125,524 

1821 

3,139,249 

1,013,977 

1798 

1,368,241 

5i5,598 

1822 

3,813,788 

915,510 

1799 

1,365,681 

645,907 

1823 

2,166,485 

967,975 

1800 

3,337,972 

571,335 

1824 

4.786,894 

1,858,297 

1801 

1,571,390 

510,956 

1825 

5,178,760 

1,735,894 

1802 

3,615,869 

516,076 

1826 

5,774,4:34 

2,110,679 

1803 

2,780,a30 

370,693 

1827 

9,097,845 

3,024,243 

1804 

2,046,839 

371,828 

1828 

6,196,853 

1,741,381 

1805 

2,260,361 

333,240 

1829 

6,684,501 

2,306,875 

1806 

1,815,409 

801,084 

1830 

8,-357,191 

3.155,620 

1807 

2,731,345 

1,044,596 

1331 

11,792,284 

3,923,474 

1808 

2,935,838 

982,055 

1832 

9.128,337 

3,401,055 

1809 

2,861,8:34 

634,753 

1833 

10,307,790 

3,765,710 

1810 

3,056,418 

1,155,368 

1834 

11,637,64:3 

7,388,423 

1811 

1,649,570 

1,103,741 

1835 

15,99(5,342 

5,668,667 

1812 

2,761,646 

1,115,220 

1836 

13,719,333 

7,764,900 

1813 
1814 

1,755,331 

1,833,859 

1,102,271 
642,536 

18:37 

1838* 

13,010,721 
15,780,311 

3,299,893 
4,206,540 

1815 

68,867 

20,433 

1839* 

11,811,594 

3,576,467 

1816 

2,888,ia5 

56,786 

1840* 

10,5.58,240 

3,426,632 

1817 

1818 

5,163,967 
5,537,084 

647,267 
1,345,065 

1841* 
Total, 

8,811,968 

2,240,322 

256,873,336 

86,331,209 

Gold 

of  the  United  States  deposited  for  Coinag 

e. 

Years. 

Amount  Deposited 

Aggregate  in 
each  year. 

At  the  Mint 

,  at  Philadel 

phiii,  from 

At  the  Branch 
Mints. 

Virginia. 

North 
Carolina. 

South 
Carolina. 

Georgia. 

Other 
States. 

1829 

$2,500 

$134,000 

$3,500 

$140,000 

1830 

24,000 

204,000 

26,000 

$212,000 

466,000 

1831 

26,000 

294,000 

22,000 

176,000 

$2,000 

520,000 

1832 

34,000 

458,000 

45,000 

140,000 

1,000 

678,000 

ia33 

104,000 

475,000 

66,000 

216.000 

7,000 

863,000 

1834 

62,000 

330,000 

38,000 

415,000 

3,000 

898,000 

1835 

60,400 

263,500 

42,400 

319,900 

12,300 

698,500 

1836 

62,000 

148,100 

55,200 

201,400 

300 

467,000 

1837 

52,100 

116,900 

29,400 

83,600 

282,000 

1838 

55,000 

66,000 

13,000 

36,000 

1,700 

$263,400 

435,100 

1839 

57,600 

53.500 

6,300 

20,300 

800 

246,740 

385,240 

1840 

38,995 

36,804 

5,319 

91,113 

4,535 

249,419 

426,185 

1841 
Toted, 

25,736 

76,431 

3,440 

139,796 

3,075 

293,639 

542,117 

604,331 

2,815,235 

355,559 

2,051,109 

35,710 

1,053,198 

6,806,142 

*  Including  the  coinage  of  the  Branch  Mints. 


INDEX 


Actions,  civil,  proceedings  in,  54. 
Trial  of,  58. 

Adjournment,  motion  for,  35. 

Ad  valorem  duties,  185. 

Agents,  Indian,  123. 

Aliens,  166. 

Alloy  in  coins,  198. 

Ambassadors,  160. 

Amendments,  to  bills,  36,  37,  39. 
Of  the  constitution  of  the 
United  States,  23. 

American  Colonial  governments, 
15. 

Appearance,  entry  of,  5&. 

Appellate  jurisdiction,  94. 

Apportionment  of  Representa- 
tives in  Congress,  77,  210. 

Appraisers,  186,  188,  190. 

Approval  of  Lav^rs,  by  the  Exec- 
utive, 39,  109. 

Aristocracy,  12. 

Army,  of  the  United  States,  124, 
216. 

Arraignment  of  criminals,  68. 

Arrest,  in  criminal  cases,  63. 

Articles,  of  confederation,  19.  Of 
impeachment,  74. 

Assignee,  in  bankruptcy,  177. 

Assignment  of  counsel  to  crim- 
inals, 69. 

19c 


Attainder,  bill  of,  91.  Of  trea- 
son, 92. 

Attorney  Greneral,  48.  Of  the 
United  States,  100. 

Attorneys,  and  counsellors,  48. 
District,  48,  100. 

Auditors,  of  the  treasury,  116, 
119. 

B. 

Bail,  64.     When  receivable,  64. 

Bank,  book,  202.     Bills,  202. 

Bankruptcy,  proceedings  in,  175. 
Voluntary  and  compulsory, 
176.  Assignee  in,  177.  Com- 
missioners in,  178. 

Banks,  different  offices  of,  201. 
Bills  of,  202. 

Biennial  Register,  114. 

Bill,  of  indictment,  67.  Finding 
of,  68.     Of  lading,  163. 

Bills,  introduction  of,  into  the 
house,  31 .  Commitment  of,  32. 
Proceedings  upon,  in  commit- 
tees, 32.  Readings  of,  31,  36. 
Debate  upon,  37,  38.  Engross- 
ment and  passage  of,  38.  En- 
rolment of,  39.  Readings  of, 
in  Congress,  86.     Bank,  202. 

Blue  book,  114. 

Blockade,  166. 


226 


INDEX. 


Bounty  lands,  122. 
Branches,  of  the  mint,  197. 
Brevet  rank,  125. 
Bullion,  gold  and  silver,deposited 

at  the  mint,  199. 
Bureaus,  in  the  departments,  110. 

In  the  department  of  state,  112. 

In  the  navy  department,  121. 
Business,  order  of,  in  legislative 

assemblies,  33.     In    Congress, 

85. 


Cabinet,  of  the  President,  110. 

Cadets,  at  the  JVlilitary  Academy, 
127,  128,  216. 

Call,  of  the  house,  85. 

Capias,  68. 

Capital  trials,  71. 

Capitation  tax,  92. 

Cargo,  in  whose  keeping,  183. 

Casting  vote,  42. 

Census,  77. 

Chairman  of  committees,  32. 

Challenge,  of  jurors,  57,  71. 

Chancellor,  48. 

Chancery,  courts  of,  46,  47. 

Chaplains,  of  Congress,  82. 

Charges  d'  Affaires,  161. 

Charge,  to  jury,  59,  66,  72. 

Charter  governments,  17. 

Checks,  202. 

Circuit  courts  of  the  United 
States,  j  urisdiction  of,  95.  Ses- 
sions of,  98,  218. 

Circuits,  judicial,  98,  218. 

Circulation,  banks  of,  201. 

Civil,  actions,  54.     List,  222. 

Clearance,  of  vessels,  182. 

Clerk,  of  the  House  of  Repre- 
sentatives, 29,  82. 

Clerks,  of  courts,  48,  62.  Of  the 
courts  of  the  United  States, 
100. 

Clothing,  in  the  army,  126. 

Coinage,  at  the  mint,  198, 224. 

Coins,  standard  of,  198.  For- 
eign, 199. 

Collection  districts,  188. 

Collectors,  of  customs,  188, 


Colonial  governments,  15. 

Colonies,  American,  15. 

Color,  laws  respecting  persons  of, 
174. 

Commissioner,  of  Pensions,  122. 
Of  Indian  Affairs,  123.  Of  pa- 
tents, 144.  Of  the  general  land 
office,  154. 

Commissioners,  former  board  of, 
for  the  navy,  121.  In  bank- 
ruptcy, 178. 

Commitment,  of  bill,  32.  Of 
prisoner,  65. 

Committees,  of  legislative  bodies, 
30,  32.  Chairman  of,  32.  Of 
Congress,  84. 

Committee  of  the  whole,  30,  86. 

Commodore,  129. 

Common  law,  45. 

Companies,  incorporated,  2C1. 

Compromise  act,  195. 

Comptrollers  of  the  treasury,  116, 
119. 

Concurrent  vote,  79. 

Confederation,  articles  of,  19. 

Congress,  continental,  18. 

Congress,  of  the  United  States, 
76.  Organization  of,  SO.  Ses- 
sions of,  80,  212.  Officers  of, 
82.  Privileges  of,  83.  Com- 
mittees of,  84.  Rules  of  pro- 
ceeding in,  84.  Powers  of,  89. 
Prohibitions  upon,  91. 

Consignment,  of  goods,  183. 

Consignor  and  consignee,  183. 

Constables,  50. 

Constitutional  questions,  how 
settled,  44,  95. 

Constitution  of  the  United  States, 
formation  of,  21.  Adoption  of 
by  the  States,  22.  Amendments 
of,  23.     Nature  of,  23. 

Constitutions  of  the  States,  24, 
205. 

Consuls,  161. 

Continental  Congress,  18. 

Contraband  of  war,  165, 

Contracts  for  conveying  the  mail, 
134. 

Convention,  at  Philadelphia,  21. 


INDEX. 


227 


Conviction,  of  criminals,  73. 

Copyrights,  147. 

Coroners,  50. 

Corporations,  200.  Public,  200. 
Private,  201. 

Corruption  of  blood,  92. 

Costs,  of  suits,  60. 

Council,  executive,  41. 

Counsel,  in  civil  actions,  59.  In 
criminal  cases,  69,  72. 

Counsellors  and  attorneys,  48. 

County  solicitors,  48. 

Court,  meaning  of,  47. 

Courts,  various  kinds  of,  45.  Or- 
ganization of,  47.  Of  the  Uni- 
ted States, '  - 
ritories,  99, 

Crier,  of  the  court,  50. 

Criminal  prosecutions,  63. 

Criminals,  indictment  of,  67. 
Arraignment  of,  68.  Pleas  of, 
69.  Trial  of,  70.  Conviction 
of,  73. 

Cross-examination,  of  witnesses, 
58. 

Crow^n,  16. 

Customs,  194. 

D. 

Damages,  in  actions,  55.  As- 
sessment of,  60. 

Dead  letters,  138. 

Debate,  rules  of,  33.  In  Con- 
gress, 86. 

Debenture,  184. 

Declaration,  of  Independence,  19. 
In  actions,  55.     Of  w^ar,  164. 

Default,  56. 

Defendant,  in  a  suit,  55. 

Delegates,  in  Congress,  78. 

Delivery,  ports  of,  180.  Of  car- 
go, 187. 

Democracy,  12. 

Departments,  executive,  110. 

Department,  of  state,  112.  Of 
the  treasury,  115.  Of  war, 
120.  Of  the  navy,  120.  Of 
the  post  office,  132. 

Deposit,  of  money  with  the 
States,  193.     Of  bullion  at  the 


mint,  1 99,  Banks  of,  201 .  Of 
money  at  banks,  202. 

Deputy  sheriffs,  49. 

Despotism,  12. 

Direct  taxes,  92,  192. 

Director,  of  the  mint,  197. 

Discount,  banks  of,  201. 

Discounting,  201. 

Discriminating  duties,  163. 

Distributing  post  offices,  137. 

Distribution  of  proceeds  of  the 
public  lands,  158,  193,  194. 

District  attorneys,  48.  Of  the 
United  States,  100. 

District  courts,  jurisdiction  of, 
96.  Sessions  and  judges  of, 
99,  218. 

District  judges,  salaries  of,  99, 
218. 

Districts,  judicial,  99,  218.  Col- 
lection, 188. 

Dividends,  202. 

Docket,  of  court,  56. 

Doorkeepers,  29.  To  Congress, 
82. 

Drawback,  184. 

Duties,  90.  Discriminating,  163. 
On  Imports,  184,  194.  Ad  va- 
lorem and  specific,  185.  How 
estimated,  186.  Collection  of, 
188.  Internal,  192.  Tariffs  of, 
195.  On  goods  imported  in 
foreign  vessels,  196. 

E. 
Elections,  for  Representatives  in 

Congress,  78. 
Electors,   qualifications    of,  26, 

205.     Of  President  and  Vice 

President,  102. 
Embargo,  164. 
Enrolment,  of  vessels,  180. 
Entering  appearance,  56. 
Entry,  of  actions,  56.     Ports  of, 

180.     Of  goods,  185. 
Equity,  courts  of,  46. 
Examination   of   witnesses,  58. 

On  criminal  charges,  64. 
Excises,  90. 
Exclusive  jurisdiction,  94, 


228 


INDEX. 


Execution,  writ  of,  61.    Return 

of,  62. 
Executive    departments,   110. — 

Heads  of,  110.     When  offices 

of  to  be  open.  111. 
■Executive  power,  in  the  colonies, 

16.     In  the  States,  41,  208. 
Expenditures,     of    the     United 

States,  196,  222. 
Ex  post  facto  laws,  91,  93. 
Extra  sessions,  of  Congress,  SO. 


Federal  population,  172.  Frac- 
tions of,  211. 

Felony,  90. 

Final  process,  62. 

Fire,  insurance  against,  203.  Mu- 
tual insurance  companies,  203. 

Florida,  cession  of,  153. 

Forage,  allowed  to  officers,  126. 

Foreign,  ministers,  160.  Coins, 
199.    Intercourse,  222. 

Foreman,  of  jury,  53,  54,  60,  68. 

Forfeiture,  92. 

Fractions,  of  federal  population, 
at  each  apportionment  of  Rep- 
resentatives in  Congress,  77, 
211. 

Franking,  privilege  of,  142. 

Fugitives,  fromjustice,  25.  From 
labor,  25,  173. 

Furlough,  130. 


General  land  office,  154.  Com- 
missioner, and  recorder  of,  154. 
Solicitor  of,  155. 

Gold  deposited  at  the  mint  and 
branches,  199,224. 

Gold  coins,  of  the  United  States, 
198.     Foreign,  199. 

Goods,  shipment  of,  183.  Entry 
of,  185.     Landing  of,  187. 

Governments,  different  kinds  of, 
11.  Popular,  formation  and  na- 
ture of,  13.  American  colo- 
nial, 1 5.  Of  the  United  States, 
and  the  States,  24. 


Governors,  under  the  colonial 
governments,  16.  Of  the 
States,  41.  Qualifications  and 
duties  of,  41,  208. 

Grand  juries,  51.  How  com- 
posed, 53.     Oath  of,  53. 

H. 

Habeas  corpus,  writ  of,  65,  66. 
Not  to  be  suspended,  unless, 
91. 

Heads  of  departments,  110.  Re- 
ports of,  111. 

High  seas,  90. 

Hospitals,  marine,  131. 

House,  meaning  of  the  term, 
30. 

House  of  Representatives,  in  the 
States,  27.  Of  the  United 
States,  76,  81,  210. 

I. 

Impeachments,  74. 
Importation,  of  persons,  169. 
Imports,  duties  on,  184,  195. 
Imposts,  90. 

Incorporation,  acts  of,  201. 
Incorporated  companies,  201. 
Independence,  declaration  of,  19. 
Indian  affairs,  commissioner  of, 

123.     Superintendents  of,  123. 
Indian,  agents,  sub-agents,  and 

interpreters,     123.      Country, 

123,  124,  153. 
Indians,  removal  of,  124. 
Indictment,  of  criminals,  67. 
Inferior  officers,  of  the   United 

States,  how  appointed,  108. 
Inquests,  of  coroners,  50. 
Inquisition,  50. 
Insolvent  laws,  175. 
Inspectors,  of  customs,  187,  190. 
Insurance,  202.     Different  kinds 

of,  203.     Policy  of,  202. 
International  relations,  163. 
Inteipreters,  Indian,  123. 
Invoice,  of  goods,  183. 
Issue,  in  actions,  57.    Of  law  and 

of  fact,  57. 


INDEX. 


229 


Joint  ballot,  41,  79. 

Journal,  of  legislative  bodies,  29. 
Of  the  houses  of  Congress,  S3, 
84. 

Judges,  office  of,  47.  Appoint- 
ment and  salaries  of,  48,  209. 
Of  the  courts  of  the  United 
States,  97,  209,  218. 

Judgment,  in  civil  actions,  60.  In 
impeachments,  75. 

Judgment  debtor,  61. 

Judicial  power,  in  the  colonies, 
17.  Office  of  the,  44.  Of  the 
United  States,  94. 

Judicial,  circuits,  98.  Districts, 
99. 

Jurisdiction,  of  the  supreme 
court  of  the  United  States,  94. 
Of  the  circuit  courts,  95.  Of 
the  district  courts,  96. 

Juries,  different  kinds  of,  51.  Con- 
stitution of,  51.  Grand,  51,  53, 
66,  67.  Petit,  51,  54.  In  civil 
actions,  57,  59.  For  criminal 
trials,  70, 72.    Verdict  of,  60, 73. 

Jurors,  selection  of,  51,  52.  Oath 
of,  53,  57,  71.  Challenge  of, 
57,  71.  May  be  witnesses,  59. 
In  the  courts  of  the  United 
States,  97. 

Jury,  trial  by,  in  what  cases,  96. 
In  the  courts  of  the  United 
Stales,  97. 

Justices  of  the  peace,  46. 


Land  offices,  155. 

Lands,  public,  how  surveyed  and 
divided,  157.  Sales  of,  158. 
Proceeds  of  sales  of,  158,  193. 

Law,  common,  45.  Courts  of, 
46.  Issue  of,  47.  Of  nations,  91. 

Laws,  enactment  of,  36.  Ap- 
proval of,  39,  109.  Rv  post 
facto,  91,  93.  Of  the  United 
States,  how  published  and  dis- 
tributed,113.  Preemption,  159. 
Bankrupt  and  insolvent,  175. 

Laying  on  the  table,  36. 


Leave  of  absence,  in  the  navy, 
130. 

Legation,  secretaries  of,  161. 

Legislative  power,  in  the  colo- 
nies, IS,  In  the  States,  27. 
Of  the  United  States,  76. 

Legislatures,  meetings  and  offi- 
cers of,  29,  207.  Organization 
powers  and  privileges  of,  29. 

Letters  of  marque  and  reprisal, 
91,  164. 

Letters,  way,  135.  Conveyed 
by  ship,  135.  How  disposed 
of  at  post  offices,  137.  Post- 
age of,  140.  Publication  of  list 
of,  149. 

Liberty,  natural  and  civil,  15. 

Lieutenant  Governor,  presides 
in  the  Senate,  29.    Office  of,  42. 

Life  insurance,  203. 

Loans,  193. 

Louisiana,  purchase  of,  152. 
Slavery  prohibited  in  a  part 
of,  153. 

M. 

Magazines,  postage  on,  141. 

Mail,  carriage  of  the,  133.  Con- 
tracts for  carrying  the,  134. 

Majority,  41. 

Managers,  in  cases  of  impeach- 
ments, 15. 

Manifests,  171, 180. 

Manufactures,  protection  of,  195. 

Manuscripts,  publication  of,  148. 

Marine,  hospitals,  131.  Corps, 
132,  217.     Insurance,  203. 

Marque  and  reprisal,  letters  of, 
91,  164. 

Marshals,  in  the  courts  of  the 
United  States,  101. 

Meetings,  of  legislatures,  29, 207. 

Memorandum,  written  on  papers, 
142. 

Mesne  process,  62. 

Migration,  of  persons,  169. 

Military,  Academy,  at  West 
Point,127.  Establishment,222. 

Ministerial  officers  of  courts,  49. 

Ministers,  foreign,  160.  Resi- 
dent, 161. 


230 


INDEX. 


Mint,  of  the  United  States  and 
its  branches,  197.  Officers  of, 
197.  Coinage  of,  198,  224. 
Gold  deposited  at,  199,  224. 

Mittimus,  65. 

Monarchy,  12.  Absolute  and 
limited,  12. 

Mutual  insurance  companies, 
203. 

N. 

National  government,  24. 

Nations,  law  of,  91.  Neutral, 
165. 

Naturalization,  167. 

Naval,  officers,  of  the  customs, 
169.  Storekeepers,  131.  Es- 
tablishment, expense  of,  222. 

Navigation,  179. 

Navy,  department  of  the,  120. 
Secretary  of,  120.  Bureaus 
of,  121.  Agents,  131.  Yards, 
131. 

Navy  of  the  United  States,  force 
of  the,  128.  Officers  of  the, 
129. 

Negative,  executive,  upon  law^s, 
39,  109. 

Neutral  nations,  165. 

Newspapers,  postage  on,  142, 

Nev*^  States,  admission  of,  149. 

Nominations  of  officers,  by  the 
executive,  42,  88. 

Nonsuit,  60. 

Notes,  treasury,  192. 

O. 

Oath,  of  public  officers,  26.  Of 
grand  jurors,  53.  Of  petit  ju- 
rors, 57,  71.  Of  the  President 
of  the  United  States,  107.  In 
the  army,  124.  In  the  post  of- 
fice department,  132. 

Obligation,  to  keep  the  peace, 
62. 

Officers,  public,  26.  Of  legisla- 
tive bodies,  29.  Of  courts,  47, 
Of  Congress,  82.  Nomina- 
tions of,  42,  88.  Of  the  Unit- 
ed States,  how  appointed,  and 


how  removable,  108,  110,  Of 
the  army,  125,  216,  Of  the 
navy,  129,  217.  Of  the  reve- 
nue, 188.     Of  the  mint,  197. 

Oligarchy,  12. 

Opinion,  of  the  court,  45, 

Order  of  business  and  debate,  33. 
In  Congress,  85. 

Orders  of  the  day,  35.  In  the 
Senate  of  the  United  States,  85. 

Ordinance,  of  1787,  152,  172. 

Organization,  of  courts,  47.  Of 
Congress,  81, 

Original  jurisdiction,  94. 

Orphans'  courts,  47. 


Pamphlets,  postage  on,  141. 

Panel,  of  jurors,  52. 

Pardoning  power,  76. 

Parliamentary  rules,  33. 

Patent  office,  144.  Officers  of, 
144,     Burnt,  146. 

Patents,  commissioner  of,  144. 
How  obtained,  144, 146.  Form 
of,  146.  Penalty  for  violation 
of,  147.     For  lands,  155. 

Pay,  of  senators  and  representa- 
tives, 28,  206.  Of  members  of 
Congress,  82,  Of  Governors, 
41,  208.  Of  the  President  and 
Vice  President,  109.  Of  Judges, 
48,  209,  218.  Of  clerks,  and 
sheriffs,  49,  50.  Of  officers  of 
the  courts  of  the  United  States, 
100.  Of  postmasters,  137. 
Of  officers  of  the  revenue,  189, 
190.  In  the  army,  126,  216. 
In  the  navy,  130,  217. 

Pensions,  laws  relative  to,  122. 
Commissioner  of,  122. 

Permit,  171,  186. 

Petit  juries,  51.  How  compos- 
ed, 54.  Oath  and  office  of,  57, 
71.     Verdict  of,  60,  73, 

Petitions,  presentation  of  in  Con- 
gress, 85,     In  bankruptcy,  176. 

Piracy,  90. 

Plaintiff,  in  a  suit,  55. 

Pleadings,  in  actions,  48,  57. 


INDEX. 


231 


Plurality,  41. 

Policy,  of  insurance,  202. 

Poll  tax,  92. 

Popular  governments,  formation 
and  nature  of,  13. 

Ports,  of  entry,  ISO.  Of  deliv- 
ery, 180. 

Postage,  rates  of,  140. 

Post  captain,  130. 

Post  office  department,  132.  Au- 
ditor of  the  treasury  for,  117. 
Revenue  and  expenditures  of, 
133,  219. 

Postmaster  General,  duties  of 
the,  132. 

Postmasters,  appointment  and 
duties  of,  136.  Compensation 
of,  137.  Penalties  upon  for 
violations  of  post  office  law^s. 
139.  Have  the  privileges  of 
franking,  143. 

Postponement,  motion  for,  36. 

Powers  of  Congress,  S9. 

Pre-emption  laws,  159. 

Presentment,  by  a  grand  jury,  67. 

President  of  the  United  States, 
qualifications  and  choice  of, 
101.  Electors  of,  102.  Votes 
for,  how  returned  and  counted, 
103.  Choice  of,  by  the  House 
of  Representatives,  104,  105. 
Successor  in  case  of  vacancy, 
105.  New  election  for,  105. 
Inauguration  and  oath  of,  107. 
Powers  of,  107.  Compensa- 
tion of,  109. 

President,  of  the  Senate,  29. 
Pro  tempore^  of  the  Senate  of 
the  United  States,  81. 

Presiding  officers,  duties  of,  34. 
In  Congress,  when  may  vote, 
87. 

Previous  question,  35. 

Privateers,  165. 

Private  letters,  publication  of, 
149. 

Privileged  questions,  35. 

Privileges  of  legislative  bodies, 
29.     Of  Congress,  83. 

Prize  money,  165. 


Probate,  courts,  judges  and  reg- 
isters of,  46. 

Proceeds  of  public  lands,  158, 
193,  194. 

Process,  49,  68.  Mesne,  and 
final,  62. 

Prohibitions,  upon  Congress,  91. 
Upon  the  States,  93. 

Proprietaries,  16. 

Proprietary  governments,  16. 

Prosecution,  criminal,  63. 

Provincial  governments,  16. 

Publication,  of  laws  of  the  Uni- 
ted States,  113.  Of  mail  con- 
tracts, 133.  Of  list  of  letters, 
138.     Of  manuscripts,  148. 

Public  domain  of  the  United 
States,  157. 

Public  lands,  surveying  and  divis- 
ion of,  157.  Sales  of,  158,  193. 
Proceeds  of,  158,  193,  194. 

Public  officers,  26. 

Publishers  of  the  laws,  compen- 
sation of,  114. 

Q. 

Qualifications,  of  electors  or  vo- 
ters, 26,  205.  Of  Senators  and 
Representatives,  28,  206.  Of 
Governors,  41,  208.  Of  mem- 
bers of  Congress,  76,  79.  Of 
President  of  the  United  States, 
101. 

Questions,  of  order,  34.  In  what 
order  put,  35.  Privileged,  35. 
On  readings  of  bills,  37.  On 
the  passage  of  laws.  38. 

Quorum,  23.  In  the  State  legis- 
latures, 29.     In  Congress,  83. 

R. 

Rates  of  postage,  140. 

Rations,  in  the  army,  126,  127, 

216.     In  the  navy,  130,  131. 
Readings   of  bills,    31,  36.     In 

Congress,  86. 
Receivers  of  public  money,  155. 
Recognizance,  of  witnesses,  65. 
Reconsideration   of  a  vote,  39. 

In  Congress,  87. 


232 


INDEX. 


Record  of  cases,  62. 

Recorder,  of  the  general  land 
office,  154. 

Register,  of  wills,  46.  Of  pro- 
bate, 46.  Of  the  treasury,  118. 
Of  land  offices,  155. 

Registry,  of  vessels,  179. 

Removal,  of  officers  of  the  United 
States,  108.     Of  Indians,  124. 

Reporter,  of  decisions,  49. 

Reports,  of  committees,  33.  Of 
cases,  45,  49.  In  Congress, ! 
85.  By  heads  of  departments,  I 
111.  Of  the  arrival  of  vessels, ' 
181,  189. 

Representatives,  in  State  legis- 
tures,  27.  Qualifications  and 
pay  of,  28,  206. 

Representatives  in  Congress, 
qualifications  of,  76.  Appor- 
tionment of,  77,  21 C.  When 
and  how  chosen,  76,  78.  Pay 
of,  82. 

Republicanism,  12. 

Return,  of  venire,  52.  Of  writ, 
55.  Of  execution,  62.  Of 
writ  of  habeas  corpus,  66. 

Revenue,  officers  of  the,  188. 
Cutters  and  boats,  190.  Of 
the  post  office  department,  133, 
219.  Of  the  United  States, 
191,  220.     Surplus,  193. 

Rules,  of  proceeding  and  debate, 
33.     In  Congress,  84. 


Sales  of  public  lands,  158.  Pro- 
ceeds of,  158,  193,  194. 

Seal,  of  the  States,  43.  Of  the 
United  States,  113. 

Secretary,  of  the  Senate,  29,  82. 
Of  state,  in  the  States,  43.  Of 
state,  of  the  United  States,  112. 
Of  the  treasury,  115,     Of  war 

120,  121.     Of  the   navy,  120, 

121.  To  the  President,  to 
sign  patents,  154.  Of  lega- 
tion, 161. 

Sections,  of  the  public  lands,  158. 
Senate  of  the  United  States,  how 


constituted,  78.  Organization 
of,  81.     Secretary  of,  82. 

Senates,  of  the  States,  27. 

Senators,  in  Congress,  when  and 
how  chosen,  78,  79.  In  the 
State  legislatures,  28,  206. 

Sergeant  at  arms,  29. 

Service,  of  writs,  55. 

Sessions,  of  State  Legislatures, 
29,  207.     Of  Congress,  80. 

Sheriffs  and  deputies,  49. 

Shire  town,  49. 

Silver  coins,  198,  199. 

Slavery,  introduced  into  the  col- 
onies, 169.  Prohibited  in  a 
part  of  the  territory  of  the 
United  States,  152,  153,  172, 
174.  Laws  relative  to,  173. 
Where  it  exists,  174. 

Slave  trade,  169.  Foreign, ^170. 
Domestic,  171,  174. 

Slaves,  fugitive,  25,  173.  Rep- 
resentatives for,  172,  210. 

Social  compact,  14. 

Solicitor,  of  the  treasury,  119. 
Of  the  general  land  office,  155. 

Solicitors,  county,  48. 

Speaker,  of  the  house  of  Repre- 
sentatives, 29,  81. 

Specific  duties,  185. 

Squatters,  159. 

State,  governments,  24.  Depart- 
ment of.  112.  Secretary  of, 
43,  112.  ' 

States,  constitutions  of  the,  24, 
205.  Restrictions  upon  the, 
93,     New,  admission  of,  149. 

Statutes,  when  they  take  effect, 
40. 

Stockholders,  in  companies,  201, 
202, 

Subpoena,  for  witnesses,  58. 

Suffrage,  13. 

Summons,  for  a  party,  55.  For 
a  witness,  58. 

Supercargo,  183. 

Supernumerary  jurors,  54. 

Supreme  court  of  the  United 
States,  jurisdiction  of,  94. 
Judges   and   sessions  of,   98. 


INDEX. 


233 


Supreme  courts,  43. 

Surplus  revenue,  193. 

Surrogate,  46. 

Surveyors,  general,  of  public 
lands,  157,  215.  Of  ports, 
189. 

Swearing  the  peace  against  one, 
62. 

T. 

Talesmen,  53. 

Tariffs  of  duties,  195. 

Taxation,  power  of  in  Congress, 
89,  90. 

Taxes,  different  kinds  of,  90,  92. 
Direct,  92,  192. 

Tender,  in  payment  of  debts, 
197,  199. 

Territories,  allowed  a  delegate 
in  Congress,  78.  Courts  of, 
99.     Governments  of,  153. 

Territory,  public,  subject  to  dis- 
position of  Congress,  152. 

Townships,  158. 

Traverse  juries,  51. 

Treason,  against  the  United 
States,  92.     Attainder  of,  92. 

Treasurer,  in  the  States,  43.  Of 
the  United  States,  117. 

Treasury,  department  of  the, 
115.  Secretary  of,  115.  Reg- 
ister of,  118.  Solicitor  of,  119. 
Notes,  192. 

Treaties,  consideration  of  in  the 
Senate,  88.     How  made,  163. 

Trial,  of  civil  actions,  58.  In 
criminal  cases,  70.  Of  Im- 
peachments, 75. 

U. 

Underwriter,  202. 

United  States,  independence  of 
the,  acknowledged,  20.  Con- 
stitution of  the,  21. 

Universal  suffrage,  13. 

V. 
Venire,  for  jurors,  51.      Return 
of,  52. 


Verdict  of  jury,  57.  In  civil 
actions,  60.  In  criminal  ca- 
ses, 72,  73. 

Vessels,  of  war,  128.  Of  the 
United  States,  179,  196.  Reg- 
istry of,  179.  Enrolment  of, 
ISO.  Entry  of,  180.  Clear- 
ance of,  182. 

Vetoes,  executive,  109. 

Vice  President  of  the  United 
States,  presides  in  the  Senate, 
81.  How  chosen,  101.  When 
chosen  by  the  Senate,  104, 105. 
Succeeds  to  the  office  of  Pres- 
ident in  case  of  vacancy,  105. 
Compensation  of,  109. 

Violations,  of  post  office  laws, 
134,  139.  Of  patents,  147.  Of 
laws  respecting  the  slave  trade, 
171.  Of  the  revenue  laws, 
187. 

Viva  voce,  voting,  81 . 

Vote,  concurrent  and  joint,  79. 

Voters,  qualifications  of,  26,  205. 

Voting,  by  yeas  and  nays,  87. 

W. 

War,  department  of,  120.  Sec- 
retary of,  120.  Vessels  of,  128. 
Declaration  of,  164. 

Warrant,  of  arrest,  63.  Of  com- 
mitment, 65. 

W^arrant  officers,  129. 

Way  letters,  135. 

West  Point,  Military  Academy 
at,  127. 

Witnesses,  attendance  and  ex- 
amination of,  58.  Recogni- 
zance of,  65. 

Writs,  49,  55.  Service  and  re- 
turn of,  55.  Entry  of,  56.  Of 
habeas  corpus,  65. 


Year,  fiscal,  of  the  treasury,  119. 

Of  the  post  office,  134. 
Yeas  and  nays,  voting  by,  87. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
This  book  is  DUE  on  the  last  date  stamped  below. 

Fine  schedule:  25  cents  on  first  day  overdue 

50  cents  on  fourth  day  overdue 
One  dollar  on  seventh  day  overdue. 


^Feb 


APR  14  1966  8  a 


D'-'" 


ICLF  fNVl 


RtC'D  LD 

APR  141966 


LD  21-100m-12,'46 (A2O12sl6)4l20 


R  111973  11 


